MUMBAI: Bombay high court on Thursday sought the State government’s reply on the launch of its scheme of clusters of schools where smaller government-run schools will be merged with bigger ones in the vicinity.
Chief Justice Devendra Kumar Upadhyaya and Justice Arif Doctor asked government pleader Priyabhushan Kakade to take instructions from the government and inform the court after six weeks.
On October 19, Justices Prithviraj Chavan and Urmila Joshi-Phalke of the Nagpur bench had taken suo motu cognisance of three newspaper reports, including Sunday TOI Nagpur edition, that the move may affect over 1.85 lakh students enrolled in 14,783 schools which have less than 20 students.
The judges had said ramifications of such a decision by the State might impact the future generations, especially from the tribal and rural areas since their fundamental right to education might get infringed. “The courts are bound to come to the rescue of weaker sections and downtrodden of the society when grievances concerning such sections are brought to the notice of the court,’’ they added. They noted that Article 21 A, as inserted by the Constitution (86th Amendment) 2002 , provides for free and compulsory education of all children in the age group of 6 to 14 years a fundamental in such a manner as the State may, by law, determine. They also referred to the statement of objects and reasons that made it “expedient and necessary to enact suitable legislation as envisaged in Article 21 A of the Constitution.”
“We are, therefore, of the view that this Court is required to look into the issue of such vital public importance by taking its suo motu cognisance. Having considered the grievance raised in the news items, we are considering the said news items as a matter of public interest litigation,’’ the judges concluded. They directed the registry to place it before the bench presided by the chief justice taking up public interest litigation “for further consideration.”
Chief Justice Devendra Kumar Upadhyaya and Justice Arif Doctor asked government pleader Priyabhushan Kakade to take instructions from the government and inform the court after six weeks.
On October 19, Justices Prithviraj Chavan and Urmila Joshi-Phalke of the Nagpur bench had taken suo motu cognisance of three newspaper reports, including Sunday TOI Nagpur edition, that the move may affect over 1.85 lakh students enrolled in 14,783 schools which have less than 20 students.
The judges had said ramifications of such a decision by the State might impact the future generations, especially from the tribal and rural areas since their fundamental right to education might get infringed. “The courts are bound to come to the rescue of weaker sections and downtrodden of the society when grievances concerning such sections are brought to the notice of the court,’’ they added. They noted that Article 21 A, as inserted by the Constitution (86th Amendment) 2002 , provides for free and compulsory education of all children in the age group of 6 to 14 years a fundamental in such a manner as the State may, by law, determine. They also referred to the statement of objects and reasons that made it “expedient and necessary to enact suitable legislation as envisaged in Article 21 A of the Constitution.”
“We are, therefore, of the view that this Court is required to look into the issue of such vital public importance by taking its suo motu cognisance. Having considered the grievance raised in the news items, we are considering the said news items as a matter of public interest litigation,’’ the judges concluded. They directed the registry to place it before the bench presided by the chief justice taking up public interest litigation “for further consideration.”
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