Demolishing Girls School for constructing parking slot;Schools catering to education needs shall not be closed: HC

 STATE TIMES NEWS
JAMMU: Taking suo-moto cognizance of STATE TIMES news report regarding closure of Government Girls High School, City Chowk published in the December 13, 2016 edition, a Division Bench of the J&K High Court, comprising Chief Justice N Paul Vasanthakumar and Justice Tashi Rabstan on Wednesday treated it as Public Interest Litigation before restraining the state from closing any of the government schools, which are functioning as on date and if any school is to be closed for any valid reason(s), permission from this Court be obtained.
More than 200 students along with their parents were up in arms against the decision of the BJP-PDP alliance government to demolish the 80 years old school building for the sake of creating adequate parking space to decongest the old city area.
The students had objected to the timing of its relocation close to the final examination schedule and during peak winter season.
STATE TIMES report, while highlighting hardships faced by the children along with the parents, had reported the decision of the State government was ill advised and poorly implemented on ground zero as it created chaos and confusion as the children were not offered proper choices to relocate to nearby schools.
After hearing Advocate General Jehangir Iqbal Ganai with AAG Ravinder Gupta, the Division Bench also observed that imparting education either by the State or by private person(s) cannot be for profiteering.
Right to Education to the children upto age of 14 years is guaranteed as a fundamental right under Article 21-A of the Constitution of India. This right was recognized by Parliament based on various pronouncements made by the Supreme Court.
The DB further observed that in Jammu and Kashmir School Education Act, 2002, Section 4 also mandates the government to provide free and compulsory education to children up to class eighth level throughout the State within a period of 10 years from the date of commencement of the Act, that was from 17 May 2004 and the State was ordered to take appropriate steps to provide necessary facilities.
Thus, establishment of schools and continued administration of the schools shall be the primary concern of the State, which also includes continuously running of the schools, which are already established and their functioning. It is well settled principle that investment in education is an investment for future generation and educational institutions are treated as knowledge-centres and all welfare States must strengthen the education system for developing society.
“The Bench further observed that a shocking news item has been noticed by this Court through print media today, that an existing school, namely, Government Girls High School, City Chowk, Jammu is ordered to be closed by the government, even though more than 200 students are undergoing their studies, that too in middle of the academic year and the area is earmarked for using it as parking area. The students and their parents are in protest”.
“The schools, which are functioning and catering to the education need of the local residents shall not be closed. Thus, we are constrained to pass an order prohibiting the respondents from closing the Government Girls High School, City Chowk, Jammu and further order to continue the aforesaid school in the same premises till further orders and it is also noticed that the State Government is contemplating to rationalize the schools numbering 3000 in the State on the guise of less number of students and more number of teachers working in the schools. Though, it is necessary to deploy the excess teachers to the needy schools, taking steps to close the schools on the ground of less number of admissions of students must be carefully considered”, the Court observed.
While considering the Right to Education of children guaranteed under Article 21-A of the Constitution of India and under Section 4 of Jammu and Kashmir School Education Act, 2002, the DB restrained the State from closing any of the government schools, which are functioning as on date and if any school is to be closed for any valid reason(s), permission from this Court be obtained.
Division Bench further said that this order shall not preclude the education department to post surplus teachers in needy schools.