Allahabad High Court
C/M Jagriti Public School And ... vs State Of U.P. And 7 Others on 3 May, 2023
Bench: Ajay Bhanot
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 35
Case :- WRIT - C No. - 4587 of 2023
Petitioner :- C/M Jagriti Public School And Another
Respondent :- State Of U.P. And 7 Others
Counsel for Petitioner :- Vivek Tripathi,Rajendra Pratap Singh
Counsel for Respondent :- C.S.C.,Mani Yagyesh Tripathi
Hon'ble Ajay Bhanot,J.
Shri Harish Chandra Nath, Basic Shiksha Adhikari, Deoria, is present. Personal affidavit filed on behalf of BSA, Deoria, is taken in the record.
Learned Standing Counsel on the basis of instructions submits that though the existence of playgrounds in the basic schools is mandatory, however, the dimensions of the playground are not prescribed.
The said condition of eligibility for grant of recognition prima facie are bad for vagueness. The provision for having a playground in the school premises is mandatory as held by this Court in M/s G.S. Convent School v. State of U.P. and 3 others reported at 2019 (11) ADJ 274. The vague conditions prescribed in the Government Order as regards playgrounds is not only contrary to the judgment of this Court in G.S. Convent (supra) but also defeats the purpose of a playground.
Additional Chief Secretary, Department of Basic Education, Government of U.P. shall also file an affidavit addressing the aforesaid issue regarding lack of specific dimensions of a playground in the eligibility requirements and disclose the state of compliance of the judgment of this Court in G.S. Convent (supra). A tabulated form of all schools with dimensions of playgrounds in the respective school premises shall be disclosed.
The affidavit shall also disclose whether there is any future planning for preserved land parcels for schools and playgrounds therein. Vacant land parcels are fast depleting and playgrounds have virtually disappeared. The rush of constructions is not leaving any playgrounds for the coming generations. A futuristic policy addressing this issue is urgently required to be in place and in execution. The affidavit shall address issue as well.
Additional Chief Secretary, Department of Basic Education, Government of U.P.shall remain present in person to assist the Court in dealing with this issue. (Additional Chief Secretary, Department of Basic Education, Government of U.P. has already been called in another matter and is requested to assist the Court in this matter as well).
Put up this case on 18.05.2023 in the list of fresh cases along with Writ C No. 14472 of 2023 (C/M Dileep Kumar Veena Yadav Higher Secondary School Vs. State of U.P. and others).
In the meantime, the Committee shall be constituted as per the Government Order dated 11.01.2019 and conduct a fresh inspection of the school for purposes of determining whether the eligibility criteria and infrastructure requirements are fulfilled by the school. In particular, the Committee shall return specific findings:
A. Full particulars of the infrastructure, number and size of class rooms, number of restrooms, drinking water facilities etc. along with its dimensions in the school premises.
B. Whether the class rooms have provisions for electric light, fans, natural light, ventilation?
C. Whether there are separate provisions for toilets for students of both genders?
D. Details and full dimensions of the playground existing within the premises of the institution.
E. Any other relevant details.
Basic Shiksha Adhikari, Deoria shall file a personal affidavit depicting the aforesaid inspection report on the next date of listing. The inspection shall be videographed.
Personal appearance of Shri Harish Chandra Nath, Basic Shiksha Adhikari, Deoria, is exempted unless otherwise ordered by the Court.
Order Date :- 3.5.2023
Dhananjai
