In a crucial decision aimed at safeguarding school children, the Allahabad High Court, comprising Justice Alok Mathur and Justice Brij Raj Singh, has taken significant steps to ensure the implementation of safety guidelines for schools as laid out by the Supreme Court. The case, Gomti River Bank Residents Association vs. State of U.P. and others (Public Interest Litigation Case No. 3436 of 2020), focused on lapses in safety measures in educational institutions across Uttar Pradesh, especially following a recent tragic incident in Barabanki.
Background of the Case
The case was brought before the court by the Gomti River Bank Residents Association, highlighting concerns over the safety measures in place at schools across Uttar Pradesh. The petitioners drew the court’s attention to the tragic collapse of the first floor of Awadh Children Academy, a private school in Jahangirabad, Barabanki, on August 23, 2024. The accident resulted in injuries to 15 to 20 children, sparking widespread outrage and raising concerns about the adherence to safety norms.
The court noted that despite several directives and repeated reminders, there was inadequate compliance with the Supreme Court’s guidelines in the case of Avinash Mehrotra, which aimed to enforce strict safety measures in schools.
Legal Issues Involved
The primary legal issue at hand was the alleged non-compliance of educational institutions with safety guidelines mandated by the Supreme Court and the National Disaster Management Authority (NDMA). The court sought specific information from the state authorities regarding:
1. Inspection Records: Whether any inspections were carried out at Awadh Children Academy before the accident, and if so, to provide reports of such inspections.
2. Post-Accident Measures: What actions were taken by the authorities following the collapse, and whether a comprehensive analysis was conducted before allowing the school to continue its operations.
3. Safety Features: Whether the school was equipped with adequate safety features such as firefighting equipment and proper electrical fittings, and to submit any relevant inspection reports.
4. Further Inspections: The court also sought details of any additional inspections conducted by any authority at the institution.
Court’s Observations and Decisions
The High Court, expressing its concern over the tragic incident, remarked:
“It is these very incidents which are sought to be prevented in case the guidelines of Supreme Court in the case of Avinash Mehrotra were followed.”
The court reprimanded the state government for its lax approach towards implementing these safety measures. The judges pointed out that despite multiple orders, the state authorities had failed to ensure compliance. They emphasized that the National Disaster Management Authority had been monitoring the adherence to safety protocols, yet no substantial action had been taken by the state.
The court directed the Additional Chief Secretary, Secondary Education, and other relevant officials to prepare an “Action Plan” in accordance with the Supreme Court’s directives and the 2021 guidelines issued by the Ministry of Education, Government of India. The court mandated that this plan should be presented with urgency at the next hearing scheduled for October 1, 2024.
Furthermore, the court addressed issues related to traffic management around school premises. It instructed the Joint Commissioner of Police, Lucknow, and the appointed Amicus Curiae Adv Abhinav Bhattacharya to ensure that school vans are permitted inside school grounds to ease congestion and improve safety for students.
The state was represented by learned standing counsel, while the petitioner’s side was supported by an Amicus Curiae, who played a pivotal role in bringing recent incidents and concerns to the court’s attention. Sri Vedpati Mishra, Secretary (Secondary Education), U.P., was present in the court, while affidavits of compliance were filed by Sri Amit Verma, Joint Commissioner of Police (L/O), Lucknow, and Sri Deepak Kumar, Additional Chief Secretary (Secondary Education), Lucknow.
