Karnataka High Court
THE SCHOOL DEVELOPMENT AND MONITORING COMMITTEE V. THE STATE OF KARNATAKA & Others
WRIT PETITION No.21595 OF 2022 (GM – RES)
Bench- HON’BLE MR. JUSTICE M. NAGAPRASANNA
Decided On 13-04-2023
Facts of the case-
In the matter of the Government Lower Primary School, Agaralingana Doddi, Maddur Taluk, hereinafter referred to as “the School,” it is pertinent to note that the School was established 35 years ago. Over time, as the student population grew, there arose a need to expand the school and provide the necessary infrastructure. In response, several members of the Village generously volunteered and donated a land measuring 10 guntas exclusively for the construction of the School. It is crucial to highlight that the aforementioned land was donated solely to the State for the purpose of building the School.
Subsequently, the School came under the jurisdiction of the Gram Panchayat, as it fell within the vicinity of Agaralingana Doddi Gram Panchayat. The State Government undertook the construction of two rooms, a kitchen, and separate toilet facilities for boys and girls on the land donated by the villagers. In the year 2003, the new building was established, and the School commenced its full-fledged operations, catering to the educational needs of 25 students, both boys and girls, from the first to the fifth standard, until the year 2018.
However, in 2016, the National Highways Authority of India (NHAI) initiated a project for widening and upgrading the Bangalore-Mysore Highway to a ten-lane road. Regrettably, the land on which the School was situated was also notified for acquisition, leading to the demolition of the entire school building. In recognition of the loss suffered by the School, the NHAI awarded a compensation amount of approximately Rs. 67 lakh.
Following this, in 2020, the School Development and Monitoring Committee made a representation to the Block Education officer, urging the utilization of the compensation amount to procure alternative land for the construction of a new school building. Unfortunately, their plea went unanswered, and the Government failed to identify any suitable land in the vicinity. To exacerbate matters, the State issued a circular on 10-06-2020, directing the School to deposit the compensation amount received for the demolition into the consolidated account of the State. With the School’s establishment in limbo, the concerned villagers began protesting, demanding the identification of suitable land and the construction of the school building.
In light of these circumstances, the School Development and Monitoring Committee of the Government Lower Primary School, Agaralingana Doddi, Maddur Taluk, has approached this honorable court, seeking a direction to the Government to promptly undertake the necessary actions to initiate the process of land identification and the subsequent rebuilding of the Government School. It is essential to note that the temporary arrangement made by the Committee, consisting of a small room, falls woefully short in terms of amenities, lacking both a kitchen and washroom facilities.
Judgement
The court has directed the State Government to immediately identify or approve a piece of land for the construction of a school building in Maddur Taluk. The previous school building was demolished because the land it stood on was acquired for the widening and upgrading of the Bangalore-Mysore Highway. The court, headed by Justice M Nagaprasanna, expressed its displeasure at the three-year delay by government officials in constructing the new school building. It cited photographs highlighting the poor conditions in the makeshift schools where the children are currently attending classes. The court emphasized that it would not allow the state to undermine the fundamental right of children under Article 21-A of the Constitution of India.
The court drew attention to a remarkable example from Japan, where a train station exists solely to serve a single school-going girl in a remote area. Trains run by the state stop at the station only a few times a day to pick her up and drop her off after school. This commitment to providing education even for one child was praised globally as an example of good governance at the grassroots level. The court emphasized that the state government officials should remember that every citizen’s rights matter, and no child should be left behind. The issue at hand is not just about one school but about ensuring education for every child.
The court acknowledged that the social and economic development of the nation depends on an educated population and that education is a fundamental requirement for a successful democratic system. The Right of Children to Free and Compulsory Education Act, enacted by the Parliament on August 4, 2009, made education a fundamental right for every child between the ages of 6 and 14 and set minimum norms for elementary schools.
The court stated that the state has a constitutional obligation to provide education to all children aged 6 to 14, and it is the duty of the state to create the necessary infrastructure and effective machinery for the proper implementation of this right. Failure to do so would render the right to education guaranteed under Article 21-A illusory.
The court criticized the officials of the state government for their apathy towards children’s rights to education and referred to their delay as a result of bureaucratic red tape. It observed that the right to education under Article 21-A had become a mockery in this case due to the negligence of state officials, despite the children’s fundamental right to free and compulsory education.
Rejecting the state’s argument that the petition was not maintainable, the court emphasized the importance of the School Development and Monitoring Committee, a statutory committee constituted under the Karnataka Right of Children to Free and Compulsory Education Rules, 2012. The committee is empowered to acquire or lease properties necessary for the school’s functions, supervise school properties and finances, and perform other functions outlined in its bye-laws.
The court noted that the committee is not powerless, and the communications between offices indicated a callous attitude towards the right to free and compulsory education, especially in government schools, which is unacceptable.
The court held that the state should have taken immediate steps to construct a new school building upon receiving compensation from the National Highways Authorities in 2020, in response to the committee’s representation. This would have ensured that the young children did not lose their education. The court held the officers responsible for their apathy towards the children’s cause and emphasized that these children rely entirely on their fundamental right to free and compulsory education, which should not be undermined by bureaucratic red tape.
In conclusion, the court allowed the petition and clarified that the construction of the school building could proceed after identifying the land from June 1, 2023. The state officers would be utilized by the Election Commission of India due to the Legislative Assembly elections. The court directed the state to report compliance with the construction and land identification to the court.
JUDGEMENT REVIEWED BY ABHAY SHUKLA
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