SOCIAL JURIST A CIVIL RIGHTS GROUP Vs. GNCT

JUDGEMENT

(1.) THIS petition filed in public interest brings to the fore, issues of considerable public importance concerning establishment and running of unauthorized and unrecognized schools in the city of Delhi. According to the petitioner, there are nearly 10000 schools in different parts of Delhi which are unregistered and unrecognized, run by private individuals, institutions and NGOs in which about 600000 children between the age group of 2 to 18 years are studying in different classes between LKG to 12th standard. All these schools have been established and are being run without the permission of the Government and without the recognition of appropriate authority under the Delhi School education Act, 1973. The petitioner inter alia alleges that most of the schools are ill-equipped and are established in unsafe buildings. They' do not have adequate accommodation for running the institution nor are the teachers employed for imparting instructions qualified. They are usually underpaid. The absence of playgrounds, libraries and laboratories in the Schools makes the position quite dismal for the children who are for various reasons including poverty and absence of proper schools in the neighbourhood forced to join these institutions. It is further alleged that most of the Schools do not observe normal working days and are in the nature of 'sub-standard teaching Shops'. Many of these schools do not even hold examinations but issue certificates concerning examination of different classes and standards. The result is that innocent parents and their children fall prey to the schools under the impression that they are recognized. More often than not, children passing out from these schools are denied admission to the next higher class by the Government or a recognized institution on the ground that they do not possess a certificate from a recognized school. The petition also complains about the fees and other demands made by the schools which are said to be exorbitant and unjustified havings regard to the poor facilities that are provided. All told, the petition paints a dismal picture of the prevailing situation in no less an important place than the power centre of the country. It refers to a fire incident in december, 2005 in which hundreds of school children had a miraculous escape following an explosion and fire at a spray painting unit that functions from the very same building as the unrecognized schools in South Delhi's madanpur Khadar village. It also refers to another tragedy that occurred in july, 2004 in which 90 lives were lost at a unrecognized school in kumbakonam, in the district of tamilnadu. The petition in that background prays for a mandamus directing the respondents to forthwith identify the unsafe, unauthorized, illegal and unrecognized private schools operating in delhi. It prays for a mandamus directing the respondents to take immediate action including action by way of closure of all such unauthorized and unrecognized schools being run from unsafe school buildings as do not conform to the minimum requirement stipulated for establishing schools under the provisions of the Delhi school Education Act, 1973 and their recognition. A further mandamus directing the respondents to frame rules in terms of Section 28 of the Delhi school Education Act, 1973 and issue instructions under Rule 43 of the Delhi school Education Rules, 1973 for regulating the opening and functioning of all the schools in Delhi has also been prayed for.

(2.) IN response to a notice issued by this court, the respondent MCD has filed an affidavit in which it is inter alia stated that the MCD is empowered to grant recognition and aid to primary schools under the Delhi School education Act and Rules, 1973. It is further alleged that under Rule 17 of the Delhi School Education Rules, 1973, autonomous schools have an independent curriculum and method of study and evaluation, although, the corporation can interfere if it finds that the curriculum prescribed is detrimental to the interest of education.

(3.) AN has been filed even on behalf of respondent No. 1, Government of nct of Delhi in which it is inter alia stated that recognition to a school is granted only when an application is made to the appropriate authority and that the management of any such school can be taken over only when there is a case of negligence on the part of the management in the performance of the duties imposed upon it under the act and the-Rules. Inspections in terms of the Act and the Rules can also be conducted only of the recognized schools. While dealing with applications seeking recognition, the Director, of education conducts inspection through authorized officers to ascertain and satisfy him'self that the conditions for recognition as laid down under the law are fulfilled. The affidavit goes on to state that beyond the provisions authorizing recognition and inspection, there is no authority vested with the director of Education under which he may enter or authorize any officer to enter any school for the sake of verifying whether the school is functioning in a satisfactory manner and in conditions fit for human habitation or whether there has been any negligence on the part of the person running any unauthorized School. The power to enter a premises and to check its misuse etc. is according to the respondent Government vested with the civic authorities like the Delhi Development authority, Municipal Corporation of delhi and New Delhi Municipal Council. These agencies alone are competent to initiate action like the sealing of the premises if a school is being run from a residential premises or from a premises which is not fit to be used as a school or where the user is not permissible under the Master plan or the Zonal Plan.