Research › Search › Judgment

Allahabad High Court · body

2024 DIGILAW 2506 (ALL)

Jai Bhagwan v. State Of UP

2024-12-11

SAURABH SHYAM SHAMSHERY

body2024
JUDGMENT : Saurabh Shyam Shamshery, J. 1. This public interest litigation has been filed to keep a playground of a Government School of Village Kakkerpur, Post Bhuni, Sardhana, District Meerut, free from any encroachment as there was an apprehension that in the garb of lease to School’s Farm land, playground of concerned School will be disturbed. 2. During hearing it was revealed that due procedure to lease out was not followed and income generated was not deposited in School’s account, therefore, this Court extended the scope of present public interest litigation and appointed Sri Vipul Kumar and Sri Rai Sahab Yadav, Advocates as Amicus Curiae and asked them to visit the concerned School as well as other Schools and to submit a report. 3. Sri Vipul Kumar and Sri Rai Sahab Yadav, Advocates have submitted a report alongwith supplementary suggestions today, which are taken on record. Court also heard their submissions. 4. I have carefully perused the report. Sri Vipul Kumar and Sri Rai Sahab Yadav, Advocates have visited many Schools running under the jurisdiction of District Basic Education Officer, Meerut and they have pointed out certain irregularities and shortcomings. In one of the School facilities were utilized upto the best and even Adharshila Lab was working very efficiently. 5. In the report it has been disclosed that there are 53 Schools within the District Meerut, where there are School Farm. It is also pointed out in report that in terms of Government Order dated 31 st July, 2018, in order to lease out such School’s Farm land, a Committee has to be constituted having Gram Pradhan or Nagar Palika Adhyaksha as President and a person nominated by Sub-Divisional Magistrate, above the rank of Naib Tehsildar and Principal of concerned School as its Members. The report further states that such Committee is not constituted in every such Schools and without their express consent Schools’ Farm land were leased out. So far as present School is concerned, a First Information Report was lodged against earlier Principal as well as present Principal has also committed an error as in order to submit his reply, he has appointed a person, who was supposed to be beneficiary of proposal of lease. 6. So far as present School is concerned, a First Information Report was lodged against earlier Principal as well as present Principal has also committed an error as in order to submit his reply, he has appointed a person, who was supposed to be beneficiary of proposal of lease. 6. Some of the suggestions given by Sri Vipul Kumar and Sri Rai Sahab Yadav, Advocates in their report as well as supplementary suggestions are reproduced hereinafter: Some more suggestions apart from consolidate report Education is one of the key factors that significantly determines the development of any country. Thus, it must and ought to change according to the needs of the times and the changing scenario. It provides an opportunity to reflect seriously on humanity's social, economic, cultural, ethical and spiritual issues. The National Education Policy, 2020 (for brevity referred as NEP, 2020 hereinafter) is the first Education Policy of the 21st century which aims to address the various growing developmental imperatives of our country. It is built on the foundational pillars of Access, Equity, Quality, Affordability and Accountability. With emphasis on the early childhood care and education. The foundation stage is further divided into 2 parts i.e. 3 years of pre- school or Anganwadi, followed by classes 1 & 2 in a primary school. This will cover children of ages 3 to 8 years. The focus of studies will be in activity based learning. Preparatory stage is from class 3 to 5 which will cover children of the ages 8 to 11 years. It will gradually introduce subjects like speaking, reading, writing, physical education, language, art, science and mathematics. Middle stage is from class 6 to 8 which will cover children of the ages 11 to 13 years. It will introduce children to more abstract concept of mathematics, science, social sciences, arts and humanities. When we visited checked it composite schools upto 8th standard, we from touchstone of foundational pillars of NEP, 2020. These schools are established in villages for the purposes of easy accessibility and affordability which are accomplished with its establishment but these schools are lacking equity and quality education except few ones. So far as the question of accountability is concerned, we found that teachers in most of schools haven't sense of responsibility towards students. These schools are established in villages for the purposes of easy accessibility and affordability which are accomplished with its establishment but these schools are lacking equity and quality education except few ones. So far as the question of accountability is concerned, we found that teachers in most of schools haven't sense of responsibility towards students. Those schools, which are well maintained and students are well equipped with the subjects are outcome of their hard-work as well as of their teachers. It is pertinent to mention here that schools, namely, P.M. Shri Uchcha Prathamik Vidyalay, Mohiuddinpur, Vikas Khand Meerut Gramin, Meerut and Uchcha Prathamik Vidyalay, Bahlolpur, Meerut have a well equipped Adharshila lab which provide the best way to learn about technology, science and space. Students were able to learn all about those topics in school using different working models and electronic devices. A dream concept is designed for students from which they will know about the possible career opportunities in which they can build their future with a concept of learning by doing at an early age when they are still developing their cognitive faculty. The idea behind Adharshila is to make sure that every child has access to scientific lab regardless of their location or socio-economic status. This way every child may get an opportunity for learning something new even if they don't have access to these scientific instruments and computers at home. Since we have checked, and realized the ground realities prevailing in those schools, we are in a position to give certain suggestions in order to improve the pathetic conditions of composite schools:- (i) There must be Adharshila lab in each and every school and every endeavour be made for its establishment. In fact, this novel concept of this type of lab is in consonance with the Fundamental Duties enshrined under Article 51A(h) of the Constitution of India. For ready reference, it is reproduced as under- “It shall be the duty of every citizen of India-(h) to develop the scientific temper, humanism and the spirit of inquiry and reform;" (ii) There should be frequent surprise checking of composite schools by their higher authorities of the department so that teachers of school shall discharge their duties with sense of accountability and could not shun their responsibility. (iii) Last but not the least the government schemes meant for the betterment and development of children especially in the field of education and large money is spent on these may not go in waste due to laxity on the part of any of its stakeholders.” 7. Sri Hrishabh Shukla and Ms. Diksha Shukla, Research Associates attached with me have also given following suggestions: (I) Bio-metric attendance for Teachers should be made compulsory to ensure their attendance. (II) Installation of digital equipments (CC Cameras, Voice Recorders) for surveillance of classes, supervised by an officer of Block level. (III) There should be education awareness drive and campaign in every village conducted by Teachers of School. (IV) Attendance of atleast 70% should be made mandatory for every student to appear in annual examination. (V) District Basic Education Officer concerned should visit every school atleast twice in a year for the purpose of inspection and to remove shortcomings. (VI) Teachers should be appointed on basis of subject and classes and not on basis of strength of students of School. (VII) Duty of Teachers should be confined for teaching only and there should be separate staff for other kind of work. (VIII) Benefits of Government schemes to students should be in proportion to their attendance and not merely on basis of admission so that attendance of students be increased. (IX) Parent-Teachers meeting should be conducted atleast on monthly basis so that guardians are also aware about education system and also give their suggestions. (X) Morning assembly in school should be conducted in presence of all Teachers and the Teacher, not present, should be marked as absent because of presence of Teachers will maintain discipline in students as well as boost the confidence of parents. (XI) There should be proper staff to ensure cleanliness in School and Village Pradhan should be held accountable on failure of cleanliness. 8. In aforesaid circumstances, this public interest litigation is disposed of with following directions: (I) No School’s Farm land will be leased out without a reasoned decision taken by above referred Committee of concerned School. (II) The Committee shall consider the condition of earlier lease, their consideration and whether earlier income generated was deposited in School’s account or not. Committee shall also take note of antecedent of lessee. (II) The Committee shall consider the condition of earlier lease, their consideration and whether earlier income generated was deposited in School’s account or not. Committee shall also take note of antecedent of lessee. (III) District Basic Education Officer, Meerut will take note of shortcomings pointed out in report and will take necessary steps to address. (IV) District Basic Education Officer, Meerut will communicate all 53 Schools of District Meerut about this order. (V) District Magistrate, Meerut as well as District Basic Education Officer, Meerut will take note of report and its suggestions and take all efforts to implement it, as far as possible, if there is no legal impediment and if necessary be forwarded to Higher Authority for consideration. 9. A copy of this order alongwith report and supplementary suggestions be sent to District Magistrate, Meerut and District Basic Education Officer, Meerut and for that Office of Advocate General will take appropriate steps. 10. The Court extends it’s gratitude towards Sri Vipul Kumar and Sri Rai Sahab Yadav, Advocates as well as Sri Hrishabh Shukla and Ms. Diksha Shukla, Research Associates, for their valuable assistance.