A School's Farm Land Won't Be Leased Without Reasoned Decision By Its Committee Presided By Village/Municipal Council Head: Allahabad HC

While disposing of a public interest litigation pertaining to illegal leasing of land belonging to schools, the Allahabad High Court has directed that school's farm land cannot be leased out without a reasoned decision by the Committee of the concerned school.

The Committee to be constituted must include Gram Pradhan or Nagar Palika Adhyaksha as President and a person nominated by Sub-Divisional Magistrate, above the rank of Naib Tehsildar and Principal of concerned School as its Members, the court said. 

Petitioner approached the High Court seeking protection of school's playground from encroachments. It was pleaded that there was apprehension that under the garb of lease of school's farm land, the playground maybe encroached upon.

When during the course of hearing, it was revealed that due procedure was not followed at the time of leasing the land and the income from the lease was not deposited with the school. Accordingly, the Court appointed Vipul Kumar and Rai Sahab Yadav, Advocates as amicus.

The Amicus report highlighted certain irregularities and shortcomings. It was highlighted that the Government Order dated 31st July, 2018 provides of constitution of a Committee for leasing of school's farm land. It was pointed out there were 53 schools in Meerut District and several school's farm lands were being leased out without formation of any Committee. Inter alia, the report also suggested establishing Adharshila lab in each and every school and suggested frequent surprise checks in the schools.

The Research Associates of Justice Shamshery suggested bio-metric attendance for teachers, installation of CCTV cameras, mandatory attendance of 70% of students, morning assembly and parent-teacher meeting. Further, suggestions were made regarding appointment of teachers based on subject requirements and classes was made along with suggestions of frequent surprise visits.

Taking in account the report by the Advocates and the suggestions by the court's research associates, Justice Saurabh Shyam Shamshery issued the following directions:

“(I) No School's Farm land will be leased out without a reasoned decision taken by above referred Committee of concerned School.

(II) The Committee shall consider the condition of earlier lease, their consideration and whether earlier income generated was deposited in School's account or not. Committee shall also take note of antecedent of lessee.

(III) District Basic Education Officer, Meerut will take note of shortcomings pointed out in report and will take necessary steps to address.

(IV) District Basic Education Officer, Meerut will communicate all 53 Schools of District Meerut about this order.

(V) District Magistrate, Meerut as well as District Basic Education Officer, Meerut will take note of report and its suggestions and take all efforts to implement it, as far as possible, if there is no legal impediment and if necessary be forwarded to Higher Authority for consideration.”

Accordingly, the PIL was disposed of.

Case Title: Jai Bhagwan v. State Of Up And 6 Others [PUBLIC INTEREST LITIGATION (PIL) No. - 1911 of 2024]

Click Here To Read/Download Order