The Allahabad High Court has directed the Uttar Pradesh government to submit a comprehensive report on unrecognized schools operating across the state and the actions taken against them. This order came in response to a Public Interest Litigation (PIL) filed by a petitioner named Iddu, which initially focused on unrecognized schools in the Lakhimpur Kheri district.
Background and Legal Issues:
The case brings to light the critical issue of schools operating without proper recognition in Uttar Pradesh, potentially jeopardizing the future of countless children. The petitioner sought action against such schools in Lakhimpur Kheri district, citing violations of the U.P. Right of Children to Free and Compulsory Education Act, 2009 (Act, 2009) and the U.P. Right of Children to Free and Compulsory Education Rules, 2011 (Rules, 2011).
The court, recognizing the broader implications of this issue, expanded the scope of the PIL to cover the entire state. The primary legal concerns revolve around:
1. The prohibition of establishing or running schools without recognition from the concerned authority.
2. The statutory requirements for school recognition under Section 18 of the Act, 2009.
3. The enforcement of Rule 11 of the Rules, 2011, which outlines the recognition process for schools.
Court’s Observations and Decision:
The court made several important observations:
1. The Bench noted that “this issue is relevant for the entire State where several schools are being run without getting recognition from the concerned authority and are playing with the future of children”.
2. Quoting Section 18 of the Act, 2009, the court emphasized: “No school, other than a school established, owned or controlled by the appropriate Government or the local authority, shall, after the commencement of this Act, be established or function, without obtaining a certificate of recognition from such authority”.
3. The court highlighted the penalties for non-compliance, stating: “Any person who establishes or runs a school without obtaining certificate of recognition, or continues to run a school after withdrawal of recognition, shall be liable to fine which may extend to one lakh rupees and in case of continuing contraventions, to a fine of ten thousand rupees for each day during which such contravention continues”.
4. The Bench expressed concern that “several schools are being run by the private persons or body of persons without getting proper recognition, thus playing with the future of children of this State”.
In light of these observations, the court issued the following directive:
“This Court is expanding the scope of this P.I.L. and directs the State authorities to submit reply regarding running of unrecognized schools in the State of U.P. and the action taken by the State authorities against such schools within a period of four weeks”.
The case has been listed for further hearing on July 24, 2024.
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Case Details:
– Case Number: PUBLIC INTEREST LITIGATION (PIL) No. – 542 of 2024
– Petitioner: Iddu
– Respondent: State of U.P. through Principal Secretary, Education, Lucknow and Others
– Bench: Justice Alok Mathur and Justice Arun Kumar Singh Deshwal.
– Lawyers: Ashok Kumar, Chandra Prakash, and Neeraj Kumar Rastogi for the petitioner; Standing Counsel for the state
