Disposed

Rajiv Nain Devvani Sanskrit Vidyapith v. State of Chhattisgarh

Chhattisgarh HC26 Aug 2021WPC/1071/2021

Case brief

AI extract

What is this about?

This writ petition challenged the inaction of the District Education Officer regarding an application for affiliation of a Sanskrit school. The High Court observed that the school met infrastructure requirements per the inspection report. The Court directed the officer to decide the application within two weeks, considering mandatory timeframes under RTE Rules 2010 and State guidelines.

What did the court decide?

Directed the District Education Officer to decide the affiliation application within two weeks from the date of receipt of the order.

Rajiv Nain Devvani Sanskrit Vidyapith Vs State… — Education and Admissions | Chhattisgarh HC (2021)

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HIGH COURT OF CHHATTISGARH, BILASPUR

¶2

WPC No. 1071 of 2021

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Rajiv Nain Devvani Sanskrit Vidyapith Valmikashram, Sirouli District Korea, Through Its Secretary, Rajiv Lochan Shashtri S/o Shriram Lakhan Shukla, Aged About 57 Years R/o Village Shirouli, Tahsil Manendragarh District Korea Chhattisgarh

¶4

---- Petitioner

¶5

Versus

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State Of Chhattisgarh Through Its Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar Nava Raipur Chhattisgarh

¶7

Chhattisgarh Sanskrit Vidyamandlam Through Its Secretary, Chhattisgarh Sanskrit Vidyamandlam New Rajandra Nagar, District Raipur Chhattisgarh

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District Education Officer Baikunthpur, District Korea Chhattisgarh

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Block Education Officer Khadgawa Baikunthpur, District Korea Chhattisgarh

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---- Respondents

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For petitioner- Shri Prakash Tiwari, Advocate. For State- Shri Aman Kesharwani, PL.

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Hon'ble Shri Justice Goutam Bhaduri

Order

26/08/2021

Heard.

The present petition is by the society who seeks to open a sanskrit school in the area Mouharidand, Ward No.1, Chirmiri and sought affiliation under the Right of Children to Free and Compulsory Education Act, 2009 and The Right of Children to Free and Compulsory Education Rules, 2010. It is contended that the society wants to open a Sanskrit School for which an application has been filed on 25/08/2020 by Annexure P-2 and as per the proforma which is required for affiliation of the school an application was made to the District Education Officer. Thereafter the respondent No.4 Block Education Officer inspected the site and gave a report which is filed as Annexure P-4. He would submit that as per Annexure P-4 the petitioner/society had fulfilled all the infrastructure

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requirement as such the recognition was required to be considered within a stipulated time of 15 days and despite the fact considerable time has passed no orders have been passed. Learned counsel submits that the Government has also given a detail guideline on 20/05/2010 by Annexure P-5, however the same is not being followed in its true spirit, therefore the respondent be directed to decide the application of the petitioner objectively without any prejudice within a stipulated time.

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No reply has been filed by the State nor any instructions have been received by the State. 3. The Right of Children to Free and Compulsory Education Act was promulgated with an object for strengthening the social fabric of democracy through provision of equal opporutnities to all. The crucial role of universal elementary education for strengthening the social fabric of democracy through provision of equal opportunities to all was the primary object and to provide free and compulsory education to all children up to the age of 14 years. The Right of Children to Free and Compulsory Education Rules, 2010 which has been framed in exercise of power under section 38 of the RTI Act, 2009 the procedure has been laid down.

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The procedure which has been laid down in part V Rule 15 of the Right of Children to Free and Compulsory Education Rules, 2010 would be relevant which is reproduced hereunder:-

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“15. Recognition to school.- (1) Every school, other than a school established, owned or controlled by the Central Government, appropriate Government or the local authority, established before the commencement of this Act shall make a self-declaration within a period of three months of the commencement of the Act, in Form 1 to the concerned District Education Officer regarding its compliance or otherwise with the norms and standards specified in the Schedule and fulfilment of the following conditions, namely:-

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(a) the school is run by a society registered under the Societies Registration Act, 1860 (21 of 1860), or a public trust constituted

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under any law for the time being in force;

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(b) the school is not run for profit to any individual, group or association of individuals or any other persons;

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(c) the school conforms to the values enshrined in the Constitution; (d) the school buildings or other structures or the grounds are used only for the purposes of education and skill development;

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(e) the school is open to inspection by any officer authorised by the appropriate Government or the local authority;

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(f) the school furnishes such reports and such information as may be required from time-to-time and complies with such instructions of the appropriate Government or the local authority as may be issued to secure the continued fulfilment of the condition of recognition or the removal of deficiencies in working of the school.

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(2) Every self-declaration received in Form 1 shall be placed by the District Education Officer in public domain within fifteen days of its receipt.

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(3) The District Education Officer shall, within three months of the receipt of the self-declaration, cause on-site inspection of such schools which claim in Form No. 1 to fulfill the norms and standards and the conditions mentioned in sub-rule (1).

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(4) After the inspection referred to in sub-rule (3) is carried out, the inspection report shall be placed by the District Education Officer in public domain and schools found to be conforming to the norms, standards and the conditions shall be granted recognition by the District Education Officer in Form 2 within a period of fifteen days from the date of inspection.

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(5) Schools that do not conform to the norms, standards and conditions mentioned in sub-rule (1) shall be listed by the District Education Officer through a public order to this effect; such schools may request the District Education Officer for an on-site inspection for grant of recognition at any time within the next two and a half years, so that such period does not exceed three years from the commencement of the Act.

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(6) Schools which do not conform to the norms, standards and conditions mentioned in sub-rule (1) within three years from the commencement of the Act, shall cease to function.

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(7) Every school, other than a school established, owned or controlled by the Central Government, appropriate Government or local authority, established after the commencement of this Act shall conform to the norms and standards and conditions mentioned in sub-rule (1) in order to qualify for recognition under this rule.

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Perusal of the record would show that the petitioner/society had made an application to the District Education Officer on 25/08/2020. Thereafter the inspection was carried out as per Rule 15(3) of The Right of Children to Free and Compulsory Education Rules, 2010. The inspection report Annexure P-4 dated 29/10/2020 which is relevant in this case is reproduced hereunder:-

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iapukek izfrosnu

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vkt fnukad 29@10@2020 dks izkr% 11 cts xzke ekSgkjhMkaM okMZ dza- 1 uxj ikfyd fuxe fpjfejh esa Jh vkj- ,y- 'kkL=h ds }kjk jktho uSu nsook.kh laLd`r fo|kihB okYehdkJe fo|ky; izkjaHk djus gsrq ftyk f'k{kk vf/kdkjh dk;kZy; cSdqUBiqj ftyk dksfj;k esa vkosnu fd;k x;k gSA

¶36

bl lUnHkZ esa ekSds ij mifLFkr gksdj LFky dk HkkSfrd lR;kiu fd;k x;k] tks fd fuEukuqlkj gS%&

¶37

1- Hkou dk izdkj dPpk gS] ftlesa v/;kiu gsrq orZeku esa 03 ¼rhu½ dejk miyC/k gSA

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2- is;ty dh O;oLFkk gS.MiEi }kjk miyC/k gSA

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3- 'kkSpky; dh la[;k 01 ¼,d½ gSA

¶40

4- lkSj mtkZ ls fo|qr dh O;oLFkk gSA

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5- cPpksa ds [ksyus ds fy, i;kZIr txg gSA

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6- ckm.Mªhoky miyC/k ugha gSA

¶43

7- ikap fdyksehVj ds ifjf/k esa dksbZ Hkh 'kkldh;@v'kkldh; fo|ky; vFkok vkaxuckM+h dsUnz lapkfyr ugha gSA

¶44

8- Hkou ds LokfeRo izkIr Jherh Qwyerh ;kno csok Lo- dkyh izlkn ;kno }kjk fo|ky; lapkyu djus gsrq viuh lgefr 'kiFki= ds ek/;e ls nh xbZ gSA 9- xzke ekSgkjhMkaM rFkk mlls yxs gq, xzkeksa esa yxHkx 60&70 cPps gSaA tks fd izkjafHkd f'k{kk ls iw.kZr% oafpr gSA

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vr% mijksDr iapukek izfrosnu vko';d dk;Zokgh gsrq mPp dk;kZy; dh

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vksj lknj lEizsf"kr gSA

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gLrk{kj¼LFkkuh; fuoklh½

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1- Jh jkeQy oekZ

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2- Jherh Qwyerh ;kno

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3- rstLouh xxZ

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4- Jh egkohj

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5- dqekjh xhrk

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6- Jh NksVsyky

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lgh@ lgh@ 'kS{kf.kd leUo;d dsUnz izHkkjh ladqy L=ksr dsUnz xksnjhikjk ladqy L=ksr dsUnz xksnjhikjk fo- [k-& [kM+xokW] dksfj;k¼N-x-½ fo- [k-& [kM+xokW] dksfj;k¼N-x-½

¶55

As per Rule 15(4) of the Right of Children to Free and Compulsory

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Education Rules, 2010 after the inspection is made under sub rule-3 of Rule 15 it is required to be placed in the public domain by the District

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Education Officer and when the school is found to be conforming the norms the recognition is required to be granted within a stipulated time of 15 days. Prima facie the reading of the report Annexure P-4 would show that at village Mouharidand and the adjacent village 60-70 children resides

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who are deprived of their elementary education. The report also prima

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facie points out that the school appears to have conformed to requirement which is needed in the recognition. The inspection was carried out on 29/10/2020. The State Government general directions have also been issued which purports that efforts should be made to open minimum three Sanskrit School in number and certain benefit to be provided to the student. For the sake of brevity the direction which was issued by the State on 20/05/2010 (Annexure P-5) is reproduced hereunder:-

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yksd f'k{k.k lapkyuky;

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NRrhlx<+ dzekad@ @laLd`fr fo/kkue.Mye@577@2010 jk;iqj] fnukad 20-02010

¶62

izfr] lfpo] NRrhlx<+ fo/kkueaMye~ isa'kuckM+k jk;iqj NRrhlx<+

¶63

fo"k;% izkP; laLd`r fo|ky; izkjaHk djus fo"k;dA

¶64

lanHkZ% NRrhlx<+ 'kklu Ldwy f'k{kk foHkkx dk i= dzekad ,Q 1&02@2009@2020 nks jk;iqj fnukad 8&1&2010

¶65

mijksDr fo"k;karxrZ izkP; laLd`r fo|ky; izkjaHk djus gsrq izfrHkwfr jkf'k ls eqDr j[kus dh vuqefr NRrhlx<+ 'kklu Ldwy f'k{kk foHkkx }kjk nh xbZ gSA izfrHkwfr jkf'k dk fooj.k fuEukuqlkj gS%&

¶66

& 1- izkFkfed fo|ky; gsrq :i;s 1000-00 ¼:i;s ,d gtkj½ 2- iwoZ ek/;fed fo|ky; gsrq & :i;s 1500-00 ¼:i;s ,d gtkj ikap lkS½ & 3- gkbZ Ldwy gsrq :i;s 2000-00 ¼:i;s nks gtkj½ & 4- gk;j l s ds.Mjh gsrq :i;s 2500-00 ¼:i;s nks gtkj ikap lkS½

¶67

;g Lohd`fr foRr foHkkx ds ;w-vks- dzekad@338@26387@fnukad 15-12-2009 }kjk lgefr iznku dh xbZ gSA

¶68

lgh@&vLi"V lapkyd yksd f'k{k.k lapkyuky; NRrhlx<+

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Considering the fact that the inspection has already been carried

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out and the general direction of the State exist as per the object of the Act

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and mandate of the Rules the application so made cannot be shelved at the discretion of the District Education Officer. In the facts and circumstances of the case, the District Education Officer is directed to decide the application preferred by the petitioner as per Rule 15(4) of the Right of Children to Free and Compulsory Education Rules, 2010 within a period of two weeks from the date of receipt of this order. It is further observed that while deciding the said application the object of the State which is been issued to the department and the inspection report should be considered without any prejudice for the reason that the petitioner has approached the High Court.

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With such observation, the petition stands disposed of.

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Sd/-

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(Goutam Bhaduri)

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JUDGE

¶76

gouri

Rajiv Nain Devvani Sanskrit Vidyapith v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Rajiv Nain Devvani Sanskrit Vidyapith v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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