Govt Order For Merger Of Primary Schools Quashed By Odisha HC : Right To Safe Education

Background Facts

On March 11, a notification and an order issued by the government that states that subsequent office memorandum for amalgamation and consolidation of primary schools that have poor roll strength with higher schools.

A bunch of petitions was filed before the High Court of Orissa against the order of the government that asks for subsequent office memorandum for amalgamation and consolidation of primary schools that have poor roll strength with higher schools.

Court’s Observation

The court while hearing a bunch of petitions against the order issued by the government gives complete go by to Constitutional mandate stated under Article21A that provides Right to Education as a fundamental right and the legislative provisions confined under the Right of Children to Free and Compulsory Education Act, 2009 and lastly the Odisha Right of Children to Free and Compulsory Education Rules, 2010.

The bench also observed that the Right to education under the Indian Constitution include the right to a safe education and the very purpose of the Right to Education Act, 2009 is to ensure and make available at least one school within a walking distance of one kilometer of the neighborhood and in such case, the State Government cannot take any steps that lead to the abolition of schools that are already delivering to the needs of the local people merely for the reason of decreasing roll strength.

The right to education includes the right to a safe education. Education is bringing up the process of evolving and guiding the powers and competencies of human beings. In its broadest sense, the word understood not only the instructions received at school or college but the whole course of training moral, physical, and intellectual which is not limited to the ordinary instruction of the child in the quests of literature. It also grasps proper attention to the religious and moral sentiments of the child and many a time the same is used synonymously with learning.

All the children in elementary schools should be our first concern. The major reason behind the rise in the literacy rates in various states over the years is improved inputs and ideas in primary education. If the base is weak then everything remains weak in later years. In the case of half-hearted primary education, all endeavors to improve higher or secondary education will prove to be a useless exercise. Unfortunately, the authorities of the education system do not look to comprehend this natural phenomenon and the reason behind it is that they have no stakes or incentive in this system.

The government instead of looking into the reason for such decreasing roll strength tries to merge schools which is not a solution. It would be like treating any disease without knowing the cause behind it. The higher authorities instead of eradicating the ground-level difficulties in reality are aiming at merger.

Provisions Concerning Elementary Education

1. Section 3 of the RTE Act provides that it is the right of every child to have free and compulsory education in a neighborhood school till the completion of his or her elementary education.

2. Section 6 of the RTE Act provides that an appropriate government and the local authority are under a duty to establish, within such area or limits of the neighborhood, as prescribed, a school where it’s not established.

3. Rule 6 of the State Rules provides the establishment of neighborhood schools in respect of children in classes I-V within a walking distance of one km. of the neighborhood. So far as children having classes VI-VIII, the provision provides that a school shall be established within a walking distance of 3 km. of the neighborhood.

Court’s Decision

A Single Bench of Dr. Justice BR Sarangi

The Orissa High Court held that it is essential to ensure that primary schools are situated within walking distance of their neighborhood and no minimum roll strength has been prescribed for a primary school under the Act or the Rules, the disputed notification fixing the minimum roll strength is conflicting to the statute and, the same cannot sustain in the eye of law.

What is your take on HC’s decision of quashing of order related to subsequent office memorandum for amalgamation and consolidation of primary schools that have poor roll strength with higher schools.? Tell us in the comments below.