Allahabad High Court
C/M Basmati Shiksha Niketan Shambhupur ... vs State Of U.P. And 2 Others on 12 May, 2023
Author: Ajay Bhanot
Bench: Ajay Bhanot
HIGH COURT OF JUDICATURE AT ALLAHABAD ? Court No. - 35 Case :- WRIT - C No. - 12097 of 2023 Petitioner :- C/M Basmati Shiksha Niketan Shambhupur And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Pravesh Pandey Counsel for Respondent :- C.S.C. Hon'ble Ajay Bhanot,J.
Basic Shiksha Adhikari, Azamgarh shall file a personal affidavit bringing the following facts and particulars in the record:
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.
The Government Order dated 14.07.2020 shall be brought in the record by means of an affidavit. The Government Order is produced before this Court and is made part of the record. The affidavit shall also indicate as to whether the institutions which have been granted recognition and government aid after the promulgation of the Right of Children to Free and Compulsory Education Act, 2009 satisfy the criteria for playgrounds within the school premises or not and other infrastructure as per law.
In case the institutions which have been granted aid did not have playgrounds of requisite size the action taken against the aforesaid institutions as per the judgement of this Court in M/s G.S. Convent School v. State of U.P. and 3 others reported at 2019 (11) ADJ 274 shall also be disclosed. The affidavit shall also disclose as to how the Government Order dated 14.07.2020 can be reconciled with the requirements of a playground provided in Right of Children to Free and Compulsory Education Act, 2009 as well as in G.S. Convent (supra).
The provision for having a playground in the school premises is mandatory as held by this Court in G.S. Convent (supra). 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.
The compliance of the directions in G.S. Convent (supra) shall be brought in the record.
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).
The affidavit shall also disclose whether there is any future planning for earmarking 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 these issues as well.
The petitioner shall also file an affidavit disclosing the status of the infrastructure, other facilities, dimensions of the playground along with relevant criteria provided for recognition in the institution.
Put up this case on 17.05.2023 in the list of fresh cases along with Writ C No. 16045 of 2023 (C/M Gaya Singh Siksha Sadan Vs. State of U.P. and others) and Writ C No. 14472 of 2023 (C/M Dileep Kumar Veena Yadav Higher Secondary School Vs. State of U.P. and others).
Learned Advocate General to assist the Court in the matter on the next date of listing. In the event he is unable to assist the Court, Shri Neeraj Tripathi, learned Additional Advocate General shall assist the Court on the next date of listing.
Order Date :- 12.5.2023 Dhananjai