The High Court dismissed the review application filed by a school's management committee challenging a previous order regarding grant-in-aid. The court upheld its earlier precedent mandating infrastructural standards in private schools under the RTE Act.
Review application dismissed.
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Court No. - 7
Case :- CIVIL MISC REVIEW APPLICATION No. - 528 of 2022
Applicant :- Committee Of Management Through Its Manager Ankit Shukla
Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shrish Chandra,Apoorv Tiwari Counsel for Opposite Party :- C.S.C.
Hon'ble Ajay Bhanot,J.
Heard Shri Shrish Chandra, learned counsel for the appellant and Shri Ganesh Khanna, learned counsel for the applicant and learned Standing Counsel for the State.
The applicant-Institution had made an application for grant-in-aid. This Court in G.S. Convent School Vs. State of U.P. and others , reported at 2019 (11) ADJ 274 held that the playground and other infrastructural facilities consistent with the provisions of the Right of Children to Free and Compulsory Education Act, 2009, were mandatory in nature.
Holdings of this Court in G. S. Convent (supra) to my mind do not require any revisiting. Right of a Committee of Management of a school to seek grant-inaid is always subordinate to the overarching right of children to receive quality education. Standards of excellence as defined in parameters for ensuring excellence in quality of education cannot be diluted to benefit a private school management. This Court had
noticed that school education had become a failsafe commercial venture where schools cut corners in the infrastructural facilities profits by comprising the future of the children.
Apparently the State Government has come out with the policy which is consistent with the observations made in G.S. Convent (supra) .
According to the applicant, the applicant had earlier approached this Court by instituting a writ petition registered as Writ A No. 2969 of 2022. Even before the learned Single Judge at the Lucknow Bench of this Court as well as before this Court, the contention is that the policy dated 14.07.2020 was created in pursuance of the another judgement in Jai Ram Singh and others Vs. State of U.P. and others. If that being the case, no cause for recall of the order passed by this Court in G. S. Convent (supra) is made out.
The Review Application is dismissed.
Order Date :- 8.12.2022 Dhananjai
Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the decision to dismiss the review application should be modified given the State policy consistent with prevailing judicial observations.
Colour shows how this judgement treated each authority
G.S. Convent School Vs. State of U.P. and othersFollowed¶7
2019 (11) ADJ 274
unreportedReferred¶11
Writ A No. 2969 of 2022
unreportedReferred¶11
Jai Ram Singh and others Vs. State of U.P. and others
Committee Of Management Through Its Manager Ankit Shukla
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
