Duty to send kids to gov’t schools: Read the HC judgment that put private schools off-limits for public servants

Wednesday, 19 August 2015 By Legally India Bar, Bench & Litigation

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The Allahabad high court has passed an order taking away the freedom of children of public functionaries in Uttar Pradesh to enrol in private schools, reported the Times of India.

Purporting to cure the problem of public servants neglecting their duty to properly maintain government schools, the high court ordered UP’s chief secretary to ensure that “government officials/servants, those serving in the local bodies, representatives of people and judiciary, etc” send their children only to government schools.

Senior advocates Ashok Khare and Radha Kant Ojha acted for the petitioners, advocate the state’s standing counsel AK Yadav for the respondents Basic Shiksha Parishad.

Anoop Trivedi, Seemant Singh, Abhishek Srivastava and SK Mishra for the a number of intervenors and individual candidates.

Justice Sudhir Agarwal observed in his order in the writ of Umesh Kumar Singh and others:

“Only then would [government servants] be serious enough to look into the requirements of these schools and ensure that they are run in a good condition.”

Justice Agarwal has directed that the chief secretary should ensure implementation of this order for primary schools within six months from now.

Supreme Court advocate KV Dhananjay, Karnataka-based counsel of the Karnataka Unaided Schools Managements’ Association (KUSMA), an association of over than 2,000 private unaided schools - criticised the judgment as deeply flawed, but noted that it did “bring an extremely important issue into public debate”.

“The law involved here is not complicated at all. The honourable judge has no such power in fact or law to command Government servants in Uttar Pradesh to only send their children to Government schools,” he said. “To begin with, he is not the legislature of Uttar Pradesh. And, the freedom to choose an educational institution of one’s choice is itself a fundamental right and not even the Uttar Pradesh Legislature or the Parliament of India is competent to legislate to such effect. Period.”

“Absent competence to so direct, the further direction from the judge that a penal provision should be carved out by the legislature has no force either.”

Judgment: Allahabad HC bans public servants from private schools

Photo by McKay Savage

Comments

Anon 20 Aug 2015, 05:50

+1 -0

This is the most ridiculous judgment i have ever read. While i understand the sentiment behind such directions, the judgment per se is illogical. Just an example - What happens in a situation where only one of the parents is working with the government??? Is Allahabad high court taking away the basic right of the non-government employed parent to decide on his/her education??

Adesh Jain 20 Aug 2015, 06:38

+0 -0

Absolutely illegal judgment. Do not know which law the honble Court followed.

Guest 20 Aug 2015, 07:24

Strange judgment. Dictatorial !!! How can a judge decide which school a babu's kid should attend?? Interpreting which law did the HC come to this conclusion??

WellWell 20 Aug 2015, 07:45

Flawed of course, but Private Schools are unhappy for only one reason, loss of business. They are not the angels of the education world. They have their lobbies and networks into the judiciary.

For example in Maharashtra fee hikes S C Dharmadhikari bench let private schools to hike fees, but SC reversed that decision.
http://dnasyndication.com/dna/article/DNMUM143256

Or Goa
http://timesofindia.indiatimes.com/city/goa/High-court-dismisses-plea-against-Manovikas/articleshow/12226539.cms

So why do such things happen... Also view 2013 Jamnalal Bajaj foundation's Awards
http://www.youtube.com/watch?v=xKFA776HJrc

WellWell 20 Aug 2015, 07:48

I'm having a rethink too. Isn't it collective punishment for the errors of a few civil servants? This may seem bad. But then the whole country is already suffering the collective punishment for the acts of a few. In that sense, it seems fair. Legal philosophers, please weigh in.

Abc 20 Aug 2015, 08:48

Intension of court is pious.. however this farman has no legal legs to stand on..

Guest 20 Aug 2015, 11:33

+2 -0

This makes me think that the Hon'ble Judge has intentionally given such directions. It is inconceivable that a High Court Judge is not aware of fundamental rights....it is perhaps to draw public attention to lamentable state of affairs....No justification intended...but definetely makes one think

Deepak 20 Aug 2015, 15:13

Horrifying that such a judgement is coming from a High Court. What is even more horrifying that people are actually welcoming such a judgement. For a non lawyer who has studied civic in school it is obvious that such a judgement has no basis in law and would most likely by immediately stayed or struck down. This is a clear over reach but what is disturbing is that no corrective action is taken to prevent such judgements in the future.

Guest 20 Aug 2015, 16:57

May someone as the Hon'ble Justice Agrawal, where did his children go for schooling?
Lawyers working in Allahabad HC pretty much know how arbitrary he could be.
And, for the knowledge of general public, I must mention here that J Agrawal has been transferred to Lucknow Bench, because of the persistent opposition of the Allbd Bar against his high handed mannerism and disdainful style of conducting his court.

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