Case Note & Summary
The petitioner, Vidhya Vikas Shikshan Prasarak Mandal, which runs Shriman Dagduba Shingare Secondary School at village Sanja, Osmanabad, challenged an order dated 25.05.2017 passed by the Education Officer (Primary), Zilla Parishad, Osmanabad, permitting the Zilla Parishad school at the same village to operate 8th std. classes from the academic year 2017-18. The petitioner had been running a secondary school (8th to 10th std.) since 2009. The petitioner contended that the distance between the two schools was approximately 1600 meters, and that the permission violated the Right of Children to Free and Compulsory Education Act, 2009 and a Government Resolution dated 02.07.2013 which imposed distance restrictions for establishing new schools. The petitioner also argued that it was not given an opportunity of hearing before the permission was granted. The court examined the provisions of the Act of 2009, particularly Sections 6 and 18, and the Government Resolution. It noted that Section 6 of the Act casts a duty on the appropriate government and local authorities to establish schools within a specified area, and Section 18 deals with recognition of schools. The court held that the Act does not prohibit a local authority from opening new classes or schools. The Government Resolution dated 02.07.2013, which provides for distance restrictions, applies only to schools established by private management, not to schools established by local authorities. The court further held that no hearing is required to be given to a private school before granting permission to a local authority to start new classes. The petition was dismissed as devoid of merit.
Headnote
A) Education Law - Right to Free and Compulsory Education - Sections 6, 18 of the Right of Children to Free and Compulsory Education Act, 2009 - Permission to start 8th std. classes by Zilla Parishad - Petitioner, a private school, objected to Zilla Parishad starting 8th std. classes in the same village, citing distance restrictions and lack of hearing - Court held that the Act of 2009 does not prohibit a local authority from opening new classes or schools, and the Government Resolution regarding distance restrictions applies only to private schools, not to schools established by local authorities - Further, no hearing is required to be given to a private school before granting permission to a local authority - Petition dismissed (Paras 1-5).
Issue of Consideration
Whether the permission granted to Zilla Parishad to start 8th std. classes is in accordance with the Right of Children to Free and Compulsory Education Act, 2009 and whether the petitioner was entitled to a hearing before such permission.
Final Decision
The petition is dismissed. No order as to costs.
Law Points
- Right of Children to Free and Compulsory Education Act
- 2009
- Section 6
- Section 18
- Government Resolution dated 02.07.2013
- distance restrictions
- opportunity of hearing
- local authority school
- private school
