Mumbai: Bombay High Court has directed BMC to give details of 14 English primary schools running classes one to four in Malwani, Malad (W) against which it has initiated action for closure.
Chief Justice M C Tripathi and Justice Advait Sethna on Wednesday said they would examine “under what circumstances the concerned/competent authorities have permitted the said schools to perpetuate such a situation.” “At the same time, we are also conscious of the future of the students who are receiving education in such schools/institutions,” they added.
The PIL by Nazir Khan, a private tutor, challenged action taken by BMC’s education department to close the 14 schools due to non-recognition under the Right to Education Act, without providing an alternate remedy or ensuring effective continuity of education to the students, in violation of Article 21A (Right to Education).
His petition said no proper hearing was given before an FIR was registered on June 18. Khan urged the high court to quash and set aside BMC’s closure notices, direct Malwani police station not to take any coercive action against the schools and direct that all schools be permitted to continue so that students’ academic year is not wasted.
He also sought, pending hearing, a stay on the notices and on further administrative or criminal proceedings.
BMC’s advocate Poornima Kantharia said several notices were issued to the schools not to begin fresh admissions. Despite this, they are inducting students and even imparting education.
The judges noted the petition listed the names of 14 schools against which an FIR is registered. The schools are Little World, Father Abraham, Little Wonders, Rose Mary, Jhil, Daya Sagar, Cosmos, Sadhana, ISM, MH, Crescent, Indian Glory, Happy Valley and Archivas Learning Campus.
Before proceeding on merits, the judges directed BMC’s competent authority to file an affidavit regarding status of authorisation of the schools, whether they are aided, non-aided or otherwise, the number of students and teachers, whether the schools are affiliated to any recognised board, their date of operation and action, if any, taken against the schools and/or their management.
“Considering the plight of the students receiving education in such schools/institutions,” the judges may also examine “if some relaxation may be accorded to enable such students to complete their current academic year.”
“Our concern and anxiety is that the current academic year of such students should not be disturbed and/or unsettled mid-stream, which would cause grave and irreparable prejudice to them,” the judges said. They posted the next hearing on Nov 4.
