Petitioner challenged school recognition violating neighborhood limits. Court held Rule 4 does not impose blanket prohibition on multiple schools within 1 km.
Writ petition dismissed.
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Court No. - 7 Case :- WRIT - C No. - 22674 of 2019 Petitioner :- Dhanraj Singh Respondent :- Director Of Education (Basic) And 4 Others Counsel for Petitioner :- Suresh Singh Counsel for Respondent :- C.S.C.,Vikram Bahadur Singh
Hon'ble Ajay Bhanot,J.
The petitioner, has challenged the recognition granted to respondent no. 5 institution as a primary school by the order dated 07.03.2019, passed by the Basic Shiksha Adhikari, Fatehpur. The order dated 07.03.2019 records that it has been passed in pursuance of Section 10 of the Right of Children to Free and Compulsory Education Act, 2009 read with Right of Children to Free and Compulsory Education Act, Rules.
The submission of learned counsel for the petitioner is that the aforesaid institution has been established in the teeth of Rule 4 of Right of Children to Free and Compulsory Education Act, Rules, 2010 framed by the State of U.P. The petitioner claims that he is already running an educational institution within a radius of 600 metres, from the newly established school. Rule 4 of the aforesaid rules is extracted here under for ease of reference:
"4. Areas or limits of neighbourhood (Section 6. - (1) The area or limit of neighbourhood within which a school has to be established by the Committee authorised by the State Government, shall be as under-
(a) in respect of children in Classes I-V, a school shall be established in habitation which has no school within a distance of 1.0 km and has population of at least 300;
(b) in respect of children in Classes VI-VIII, a school shall be established in habitation which has no school within a distance of 3.0 km and has population of at least 800."
The Rule 4 of Rules of 2011, does not impose any blanket prohibition on establishment, of more than one school, within a radius of 1 km. The State authorities are implementing the mandate of the legislature to provide free and compulsory education to the children.
There is no infirmity in the order of grant to recognition to respondent no. 5 institution.
The writ petition is dismissed.
Order Date :- 16.7.2019 Pravin
2 provisions across 2 enactments
Dhanraj Singh
Director Of Education (Basic)
Ajay Bhanot
As recorded by the court registry
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