The High Court of Madhya Pradesh has ruled that closing down the only educational institution in a village is contrary to public interest as it directly jeopardizes the academic future of local children. A division bench comprising Acting Chief Justice Vivek Rusia and Justice Pradeep Mittal directed the local Gram Panchayat to collaborate with villagers and systematically address key infrastructural deficiencies through active local cooperation rather than shutting the private school down. The ruling was delivered during the hearing of a Public Interest Litigation (PIL) that sought the cancellation of recognition for a village school due to severe safety and resource deficits.
Background of the Case
The petitioners, Manggi Bai Kole and others, who serve as the Sarpanch and Up-Sarpanch of Gram Panchayat Kotari in Janpad Panchayat Manpur, District Umaria, filed the PIL as social activists involved in rural development. Their grievance concerned “Devarsi High School,” a private institution operated by respondent No. 8 in Village Kotari, which they alleged lacked basic infrastructural facilities essential for operating an educational institution.
Prior to this petition, the petitioners had filed a writ petition (W.P. No. 38556/2025), which was dismissed as withdrawn to allow them to pursue their representations before competent administrative authorities. Subsequently, the block authorities issued a show-cause notice to the school principal. Due to a lack of response within the stipulated period, the school’s recognition was placed under suspension. The petitioners then approached the High Court seeking directions for appropriate action against the school management, the cancellation of its recognition, and the shifting of enrolled students to other recognized institutions.
Arguments of the Parties & Inspection Findings
The petitioners, represented by Advocate Shri Munendra Singh and Ms. Vineeta Soni, argued that the school continues to operate without fundamental facilities, putting student safety and hygiene at serious risk. Deputy Advocate General Shri Vivek Sharma represented the State of Madhya Pradesh.
An inquiry conducted by the Block Education Officer on July 31, 2025, and a spot inspection (Mouka Panchnama) on July 29, 2025, confirmed several infrastructural deficiencies. A committee constituted by the District Education Officer, District Umaria, outlined eleven specific discrepancies inside the institution:
- The school building is a thatched structure supported by decayed and termite-infested wooden poles, posing an immediate risk of accidents.
- Classrooms are small and overcrowded beyond their capacity, causing seating discomfort for students.
- Toilet facilities are temporary, unsafe, and compromise the safety and dignity of older high school students.
- Blackboards are unpainted, rendering written material illegible.
- Classroom interiors are dark, and the temporary electrical wiring lacks proper fitting, posing safety hazards.
- There is no proper drinking water system inside the school, forcing students to use a public handpump outside the campus.
- The school campus lacks a playground.
- There is a shortage of subject-wise teachers.
- There is no designated parking area; student bicycles are parked outside the main gate on the village’s main road.
- The school principal pays teacher honorariums in cash, which is contrary to established norms.
- The school management failed to produce its recognition details and committee registration documents during the inspection or within a subsequent two-day grace period, raising doubts about its administrative status.
The Court’s Analysis
While acknowledging the validity of the infrastructural deficits, the High Court focused primarily on the academic welfare of the local children. The bench noted that Devarsi High School is the only operational school within the entire Gram Panchayat, and there is no alternative government institution available.
The Court observed that the petitioners, holding public offices as Sarpanch and Up-Sarpanch, have a legal and public duty to facilitate education and improve civic amenities for local families. The bench emphasized that shutting down the school would do more harm than good to the community, and instead of taking a punitive approach, a constructive solution was necessary.
The Court observed:
“Since this is the only school operational within the Gram Panchayat and there is no alternative Government school available, closing down the institution would directly jeopardise the academic future of the local children.”
The Court further stated:
“Therefore, instead of shutting down or withdrawing the recognition of the private school, constructive and coordinated efforts must be made by all stakeholders to systematically eliminate the highlighted deficiencies in the public interest.”
Stressing the collaborative role required in public interest litigations, the bench remarked:
“There should be a constructive approach while dealing with PIL by the High Court, and while doing so, even the petitioner can be directed to do certain activities in public interest, which they claim to have done in the past.”
The Decision
Rather than ordering the closure of the school or the withdrawal of its recognition, the High Court directed the Gram Panchayat Kotari to address the issue immediately. The Court ordered the Panchayat to convene a General Body Meeting and pass a resolution detailing how these deficiencies will be systematically mitigated and removed using local cooperation and the active assistance of the villagers.
The Court directed the petitioners to file a compliance report supported by affidavits. With these directions, the PIL was officially disposed of. Copies of the order have been forwarded to the Collector of Umaria, the District Education Officer of Umaria, and the Chief Executive Officer of Janpad Panchayat Umariya to ensure immediate compliance.
Case Details
Case Title: Manggi Bai Kole and Others Versus The State of Madhya Pradesh and Others
Case No.: Writ Petition No. 43662 of 2025
Bench: Acting Chief Justice Justice Vivek Rusia and Justice Pradeep Mittal
Date: June 22, 2026
