Excelsior Correspondent
JAMMU, Dec 14: Taking suo-moto notice of reports regarding closure of a Government school in Jammu city for creating parking place, Division Bench of State High Court comprising Chief Justice N Paul Vasanthakumar and Justice Dhiraj Singh Thakur today restrained the Government from closing any Government school in the State, which is functioning as on date, and directed that prior permission shall be obtained with valid reason for taking such a step.
After hearing Advocate General Jehangir Iqbal Ganai with AAG Ravinder Gupta, DB observed, “imparting education either by the State or by private person(s) cannot be for profiteering. Right to Education to the children up to age of 14 years is guaranteed as a fundamental right under Article 21-A of the Constitution of India”, adding “this right was recognized by Parliament based on various pronouncements made by the Supreme Court”.
“Section 4 of the Jammu and Kashmir School Education Act, 2002 also mandates the Government to provide free and compulsory education for children up to 8th class throughout the State within a period of 10 years from the date of commencement of the Act— from 17.05.2004 and the State was ordered to take appropriate steps to provide necessary facilities”, the DB said, adding “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”.
“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”, DB said, adding “a shocking report has been noticed by this court that an existing school, namely, Government Girls High School, City Chowk 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 place”.
“The students and their parents are in protest as such we are constrained to pass an order prohibiting the respondents from closing the Government Girls High School, City Chowk and school shall continue in the same premises till further orders”, DB said, adding “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. However, taking steps to close the schools on the ground of less number of admissions of students must be carefully considered”.
While considering the Right to Education of children guaranteed under Article 21A of the Constitution of India and under Section 4 of Jammu & Kashmir School Education Act, 2002, Division Bench restrained the State from closing any Government school, which is functioning as on date. “If any school is to be closed for any valid reason(s), permission from this court shall be obtained”, the DB made it clear.
However, Division Bench clarified that this order shall not preclude the Education Department to post surplus teachers in needy schools.
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