Early Times Report
Jammu, Dec 14 : Treating a news item published in a newspaper here on the closure of a government school for the purpose of a parking lot, a high court division bench of Chief Justice N Paul Vasanthakumar and Justice Dhiraj Singh Thakur today restrained the state from closing any government school which are functioning as on date.
And, if any school was to be closed for any valid reason, permission from this court be obtained, the bench directed.
The bench observed that imparting education either by the state or by private persons could not be for profiteering. Right to education to the children upto age of 14 years is guaranteed as a fundamental right under Article 21-A of the Constitution of India. The said right was recognized by Parliament based on various pronouncements made by the Supreme Court, the bench said.
The court said that in J&K School Education Act, 2002, section 4 mandates the government to provide free and compulsory education to children up to eighth class throughout the state within a period of 10 years from the date of commencement of the Act, which was May 17, 2004. The establishment of schools and their continued administration would be the primary concern of the state, which also included continuously running of schools, which were already established and functioning, the court added.
"It is well settled principle that investment in education is an investment for future generation and educational institutions are treated as knowledge centres and all welfare states must strengthen the education system for developing society," the bench said.
The bench said a 'shocking news item has been noticed by this court through print media today, that an existing school, namely Government Girls High School, City Chowk, Jammu, is ordered to be closed by the government and that too in the middle of the academic year. More than 200 students are undergoing their studies in the school and the area has been earmarked for using it as parking area. The students and their parents are in protest. The schools, which are functioning and catering to the education needs of the locals shall not be closed'.
"Thus, we are constrained to pass an order prohibiting respondents from closing the school which would continue to function in the same premises till further orders.
The bench restrained the state from closing any government school, which was functioning as on date and if any school was to be closed for any valid reason, permission from this court be obtained.
The bench said that this order would not preclude the education department to post surplus teachers in needy schools. (JNF) |
