Karnataka High Court
Associated Managements Of Primary And vs State Of Karnataka on 14 November, 2022
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WP No. 5380 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
WRIT PETITION NO. 5380 OF 2022 (EDN-RES)
BETWEEN:
ASSOCIATED MANAGEMENTS OF PRIMARY AND
SECONDARY SCHOOLS IN KARNATAKA (KAMS)
BLOSSOMS SCHOOL BUILDING
29TH CROSS
BAGALGUNTE MAIN ROAD
BENGALURU - 560073.
REPRESENTED BY ITS GENERAL SECRETARY
SRI D SHASHI KUMAR
AGED 50 YEARS
S/O SHRI DEVAPPA GOWDA
...PETITIONER
(BY SRI. G R MOHAN, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY ITS ADDITIONAL CHIEF SECRETARY/
PRINCIPAL SECRETARY
Digitally signed by
LAKSHMINARAYAN N DEPARTMENT OF PRIMARY AND SECONDARY
Location: High Court
of Karnataka EDUCATION, M S BUILDINGS
BENGALURU-560001.
2. THE COMMISSIONER
DEPARTMENT OF PUBLIC INSTRUCTIONS
K R CIRCLE
BENGALURU-560001.
3. THE DIRECTOR
DEPARTMENT OF PUBLIC INSTRUCTIONS
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WP No. 5380 of 2022
PRIMARY EDUCATION
NRUPATHUNGA ROAD
K R CIRCLE
BENGALURU-560001.
...RESPONDENTS
(BY SMT. PRAMODHINI KISHAN, AGA FOR R1 TO R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE WRIT TO MANDAMUS TO THE RESPONDENTS TO
STRICTLY FOLLOW THE JUDGMENT OF THE APEX COURT
REPORTED IN (2009)6 SCC PAGE 398 DATED 13.04.2009 IN
WP (CIVIL) NO.483/2004 AND QUASH THE LETTER
ADDRESSED TO THE R-1 BY THE R-3 DATED 15.07.2021 VIDE
ANNEXURE-G AND ENDORSEMENT DATED 02.11.2021 VIDE
ANNEXURE-H.
THIS PETITION COMING ON FOR FURTHER HEARING
THIS DAY THE COURT MADE THE FOLLOWING:
ORDER
In this writ petition, the petitioner has challenged the order dated 15.07.2021 (Annexure-G) issued by the 2nd respondent herein, and also the endorsement dated 02.11.2021 (Annexure- H), issued by the 3rd respondent.
2. Brief facts are that, the petitioner claims to be a body of Association registered under the Karnataka Societies Registration Act, 1960 and Associated Managements of Primary and Secondary Schools in -3- WP No. 5380 of 2022 Karnataka. It is the grievance of the petitioner that the respondent-authorities have issued the Circular dated 10.11.2020 based on the judgment of the Hon'ble Apex Court in the case of Avinash Mehrotra vs. Union of India and others reported in (2008) 6 SCC 398, wherein certain safety guidelines have been specified by the Hon'ble Apex Court to be followed by the Schools, and accordingly the same was imposed on the education institutions in the State of Karnataka for the purpose of renewal of the recognition. It is the grievance of the petitioner that, the said Circular dated 10.11.2020 is contrary to the aforementioned judgment passed by the Hon'ble Apex Court and as such, challenged the order dated 15.07.2021 vide Annexure-G issued by respondent No.2 to the writ petition whereby, the said circular is applicable to the Institutions which had been established during the Academic Year 2017-18 onwards and therefore, said circular is not applicable to the Institutions which had -4- WP No. 5380 of 2022 established prior to Academic Year 2017-18, hence, the petitioner has presented this writ petition.
3. On service of notice, respondent-Government entered appearance and filed detailed statement of objection contending that the schools associated with the petitioner have to work in conformity with the judgment passed by the Hon'ble Apex Court and in that connection Annexures-G and H have been issued by the respondent- authorities and therefore, the Education Institutions cannot challenge those notifications, as the Hon'ble Apex Court itself has given time-frame for installation of safety apparatus in school buildings. Accordingly, the respondent-Government sought for dismissal of the petition.
4. I have heard Sri G.R. Mohan, learned counsel appearing for the petitioner and Smt. Pramodhini Kishan, learned AGA appearing for the respondents 1 to 3. -5- WP No. 5380 of 2022
5. Sri G.R. Mohan, learned counsel appearing for the petitioner-Association argued that the impugned Circular issued by the Government is contrary to the judgment of the Hon'ble Apex Court passed in the case of Avinash Mehrotra (supra). He further contended that the respondent-authorities have not considered the representations which are periodically made by the petitioner-Association and same has caused hardship to the private Institutions and therefore, sought for interference of this Court. He also invited the attention to the Court to the letter dated 01.10.2018, addressed by the 1st respondent herein to the 2nd respondent-Commissioner of Public Instructions, whereby it is stated that the circular dated 08.03.2018 is applicable to the newly established education Institutions and not for the schools established prior to Academic Year 2017-18 and therefore, he contended that insisting the petitioner and its schools to comply with the directions of circular dated 10.11.2020, is -6- WP No. 5380 of 2022 contrary to the judgment of the Hon'ble Apex Court and accordingly, he sought for interference of this court.
6. Per contra, Smt. Pramodini Kishan, learned AGA appearing for the respondents 1 to 3, argued that after the issuance of the impugned order dated 15.07.2021, the Government has issued notification dated 06.06.2022 whereby, the Government has taken steps to maintain safety of the school buildings as well as the installation of fire extinguishers in the school, and in that view of the matter, there is no illegality in the new notification dated 06.06.2022 and same does not call for interference in this petition. Accordingly, she sought for dismissal for the writ petition.
7. In the light of the submission made by learned counsel appearing for the parties, I have carefully considered the dictum of the Hon'ble Apex Court in the Avinash Mehrotra (supra) wherein, the Hon'ble Apex Court enumerates the fire safety measures to be taken in -7- WP No. 5380 of 2022 schools as well as school guidelines for building specifications. Paragraph 41 of the said judgment reads as under:
"41. The said safety standards are enumerated hereinbelow:
3.1 Fire Safety Measures In Schools:
(i). Provision of adequate capacity and numbers of fire extinguishers of ISI marks to be provided in eye-
catching spots in each block of the school.
(ii). First Aid kits and necessary medicines should be readily available in the school.
(iii). Provision of water tank and separate piping from the tank with hose reel to the ground floor and first floor.
(iv). Fire fighting training to all teachers and students from X to XII standards.
(v). Fire Task Force in every school comprising of Head of the institution, two teachers / staff members and one member from the Fire and Rescue Department should be constituted. The Fire & Rescue Department member shall monitor and make fire safety plan and conduct inspections once in every three months.
(vi). Display of emergency telephone numbers and list of persons to be contacted on the notice board and other prominent places.
(vii). Mock drills to be conducted regularly. Fire alarm to be provided in each floor and for rural schools separate long bell arrangement in case of emergency. -8- WP No. 5380 of 2022
(viii). All old electrical wiring and equipment shall be replaced with ISI mark equipments and routine maintenance conducted by the School Management in consultation with the Fire and Rescue Department.
(ix). No High Tension lines should run inside or in close proximity to the school. Steps must be taken to shift them if they are already there.
(x). The Fire and Rescue Department shall frame guidelines with "DOS and DON'Ts' for schools and issue a fitness certificate, which shall be renewed periodically.
3.2 Training Of School Teachers & Other Staff:
(i). The teachers along with other staff shall be trained to handle safety equipment, initiate emergency evacuations and protect their students in the event of fire and other emergencies by the Fire and Rescue Department.
(ii). They shall also be trained in providing emergency first-aid treatment.
(iii). There shall be a School Safety Advisory Committee and an Emergency Response Plan drafted by the Committee in approval and consultation with the concerned Fire & Rescue Department.
(iv). Emergency Response Drills conducted at regular intervals to train the students as well as the school staff.
(v). All schools to observe Fire Safety Day on 14th of April every year with awareness programs and fire safety drills in collaboration with the Fire and Rescue Department.
3.3 School Building Specifications:
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(i). The school buildings shall preferably be a `A' Class construction with brick / stone masonry walls with RCC roofing. Where it is not possible to provide RCC roofing only non-combustible fireproof heat resistance materials should be used.
(ii). The nursery and elementary schools should be housed in single storied buildings and the maximum number of floors in school buildings shall be restricted to three including the ground floor.
(iii). The School building shall be free from inflammable and toxic materials, which if necessary, should be stored away from the school building.
(iv). The staircases, which act as exits or escape routes, shall adhere to provisions specified in the National Building Code of India 2005 to ensure quick evacuation of children.
(v). The orientation of the buildings shall be in such a way that proper air circulation and lighting is available with open space all round the building as far as possible.
(vi). Existing school buildings shall be provided with additional doors in the main entrances as well as the class rooms if required. The size of the main exit and classroom doors shall be enlarged if found inadequate.
(vii). School buildings have to be insured against fire and natural calamities with Group Insurance of school pupils.
(viii). Kitchen and other activities involving use of fire shall be carried out in a secure and safe location away from the main school building.
(ix). All schools shall have water storage tanks.
3.4 Clearances & Certificates:
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(i). Every School shall have a mandatory fire safety inspection by the Fire and Rescue Services Department followed by issuance of a `no objection certificate' to the School as a mandatory requirement for granting permission for establishing or continuation of a School.
(ii). An Inspection Team consisting of experts like a Civil Engineer, a Health Officer, a Revenue Officer, a Psychologist, a Fire Officer, a local body officer and a development officer besides the educational authorities shall carry inspection and assessment of infrastructural facilities before the commencement of each academic year. The Team shall submit its Inspection Report to the District Chief Educational Officer concerned.
(iii). The building plans for schools shall be prepared only by a Government certified engineer and the PWD Executive Engineer concerned should inspect the building and award a structural stability certificate.
Stability Certificates shall be issued by the State or Central Government Engineers only and shall be mandatory for granting permission for establishing or continuation of a School.
(iv). In every district, one Recognition Committee headed by a retired judge shall be constituted. Officials from Revenue Department, Public Works Department, Fire Service, Electricity Board, Health and Education Department, a reputed NGO shall be members. They shall visit the schools periodically or at least the erring institutions as listed by the Chief Education Officer.
(v). Conditional recognition / approval shall never by resorted to for any school."
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8. In the same judgment, at paragraph 47, the Hon'ble Supreme Court has made the following observations:
"47. In view of what happened in Lord Krishna Middle School in District Kumbakonam where 93 children were burnt alive and several similar incidences had happened in the past, therefore, it has become imperative to direct that safety measures as prescribed by the National Building Code of India, 2005 be implemented by all government and private schools functioning in our country. We direct that:-
(i) Before granting recognition or affiliation, the concerned State Governments and Union Territories are directed to ensure that the buildings are safe and secured from every angle and they are constructed according to the safety norms incorporated in the National Building Code of India.
(ii) All existing government and private schools shall install fire extinguishing equipments within a period of six months.
(iii) The school buildings be kept free from inflammable and toxic material. If storage is inevitable, they should be stored safely.
(iv) Evaluation of structural aspect of the school may be carried out periodically. We direct that the concerned engineers and officials must strictly follow the National Building Code. The safety certificate be issued only after proper inspection. Dereliction in duty must attract immediate disciplinary action against the officials concerned.
(v) Necessary training be imparted to the staff and other officials of the school to use the fire extinguishing equipments."-12- WP No. 5380 of 2022
9. Having taken note of the observations made by the Hon'ble Apex Court in the case of Avinash Mehrotra (supra), the order dated 15.07.2021 issued by the 2nd respondent makes a distinction with regard to newly established schools and old schools; and remaining Circulars have been issued by the Government, whereby direction is issued to the schools to obtain necessary NOC from competent authorities seeking renewal of the recognition/approval annually. In the light of the observation made by the Hon'ble Apex Court in the case of Avinash Mehrotra (supra), the Hon'ble Apex Court has observed that schools shall adopt the safety measures in school buildings. In this connection, having taken note of the observation made by the Hon'ble Apex Court in the said case, I am of the view that the notification dated 15.07.2021 followed by endorsement dated 02.11.2021, does not survive for consideration for the reason that the respondent-authorities have not taken steps in terms of -13- WP No. 5380 of 2022 the observation made by the Hon'ble Apex Court. Respondent-authorities have issued notification arbitrarily, as the circular dated 10.11.2020 is in violation of the direction of Hon'ble Apex Court insofar as existing schools and same cannot be enforced on the schools established prior to Academic Year 2017-18, in its entirety. I also find force in the arguments advanced by the learned counsel appearing for the petitioners that hardship would be caused if the guidelines are made applicable to the existing schools as per Avinash Mehrotra (supra). In this regard, statement of objections are silent and therefore, insisting the same, insofar as existing schools which are established prior to Academic Year 2017-18 is not correct and accordingly, I am of the view that the impugned circulars passed by respondent No.2, is liable to be set aside, accordingly set aside. However, in view of the submission made by the learned AGA that new notification has been issued on 06.06.2022, the measures taken by the State Government to implement direction -14- WP No. 5380 of 2022 issued as per Avinash Mehrotra's case is to be looked in its letter and spirit, as ordered by the Hon'ble Apex Court and accordingly, impugned Circular/letter dated 15.07.2021 (Annexure-G), so also, endorsement dated 02.11.2021 as per Annexure-H are liable to be set aside as the same contrary to the law declared by the Hon'ble Apex Court in the aforementioned case and are accordingly set aside. In the result, writ petition is allowed. However, it is open for the petitioner to challenge the notification 06.06.2022, if so advised, on the ground that, same is contrary to the judgment of the Hon'ble Apex Court referred to above.
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JUDGE SB List No.: 1 Sl No.: 69