Mumbai: The state govt on Wednesday told the Bombay High Court that no policy decision was taken to implement a scheme of clusters of schools where small govt-run schools would be merged with bigger ones in the vicinity.
Chief Justice Alok Aradhe and Justice Bharati Dangre were hearing a suo motu petition. On Oct 19, 2023, the Nagpur bench of the High Court took cognisance of three news reports, including the one that appeared in Sunday TOI Nagpur edition, that the move might affect over 1.85 lakh students enrolled in 14,783 schools with fewer than 20 students.
The suo motu petition was transferred to the high court’s principal bench at Mumbai.
The judges then had said the ramifications of such a decision by the state might impact 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 the downtrodden of society when grievances concerning such sections are brought to the notice of the court,” they added.
Advocate General Birendra Saraf submitted that “till date no policy is formulated.”
He also said after gathering information, the govt would decide whether or not to go ahead.
Amicus curiae senior sdvocate Navroze Seervai said the matter could be adjourned for 12 weeks, and if a decision is still not taken by then, the petition could be disposed of.
However, the judges took note that the state govt had informed the high court on Jan 22, 2024, that no policy decision was taken.
Considering that the aforesaid stand was reiterated by the Advocate General, they said no useful purpose would be served by keeping the petition pending. They disposed of the public interest litigation, observing that the govt is free to take a policy decision and “liberty is granted to any person to question the same.”
An affidavit was filed last year by the deputy director of education stating that the “proposed scheme is only at a nascent stage of seeking necessary information and data in order to test the viability of the said proposed scheme.” It said that this inter-departmental letter dated Sept 21, 2023, was leaked to the media, which misinterpreted the same.
The letter only sought information on schools and the strengths of students and teachers in the schools, especially those with fewer than 20 students.
Mumbai: The state govt on Wednesday told the Bombay High Court that no policy decision was taken to implement a scheme of clusters of schools where small govt-run schools would be merged with bigger ones in the vicinity.
Chief Justice Alok Aradhe and Justice Bharati Dangre were hearing a suo motu petition. On Oct 19, 2023, the Nagpur bench of the High Court took cognisance of three news reports, including the one that appeared in Sunday TOI Nagpur edition, that the move might affect over 1.85 lakh students enrolled in 14,783 schools with fewer than 20 students.
The suo motu petition was transferred to the high court’s principal bench at Mumbai.
The judges then had said the ramifications of such a decision by the state might impact 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 the downtrodden of society when grievances concerning such sections are brought to the notice of the court,” they added.
Advocate General Birendra Saraf submitted that “till date no policy is formulated.”
He also said after gathering information, the govt would decide whether or not to go ahead.
Amicus curiae senior sdvocate Navroze Seervai said the matter could be adjourned for 12 weeks, and if a decision is still not taken by then, the petition could be disposed of.
However, the judges took note that the state govt had informed the high court on Jan 22, 2024, that no policy decision was taken.
Considering that the aforesaid stand was reiterated by the Advocate General, they said no useful purpose would be served by keeping the petition pending. They disposed of the public interest litigation, observing that the govt is free to take a policy decision and “liberty is granted to any person to question the same.”
An affidavit was filed last year by the deputy director of education stating that the “proposed scheme is only at a nascent stage of seeking necessary information and data in order to test the viability of the said proposed scheme.” It said that this inter-departmental letter dated Sept 21, 2023, was leaked to the media, which misinterpreted the same.
The letter only sought information on schools and the strengths of students and teachers in the schools, especially those with fewer than 20 students.
