Allahabad High Court Seeks UP Govt's Report On Unrecognized Schools Running In State, Action Taken Against Them

A bench of Justice Alok Mathur and Justice Arun Kumar Singh Deshwal has stipulated a four-week deadline for submitting this report. The matter has been posted for hearing next on July 24.

The division bench passed this order while dealing with a Public Interest Litigation (PIL) plea filed before it seeking action against the schools which are being run (in district Lakhimpur Kheri) without getting any recognition from the concerned authority as per the UP Right of Children to Free and Compulsory Education Act, 2009.

The counsel for the petitioner (Iddu) submitted that as per the 2009 Act read with UP Right of Children to Free and Compulsory Education Rules, 2011, establishing or running schools without getting recognition from the concerned authority is prohibited.

It was further submitted that several news items were published regarding the running of schools in District Lakhimpur Kheri without getting recognition from the concerned authority.

The court was informed that the petitioner made a complaint to the Principal Secretary, Education, U.P. at Lucknow regarding the running of several schools without recognition, but no action had been taken.

Against this backdrop, taking into account the petitioner's submissions, the Court, at the outset, said that the issue raised by the PIL petitioner was relevant to the entire State, where several schools are being run without recognition from the concerned authority and are playing with the future of children.

In this regard, the Court referred to Section 18 of the 2009 Act which provides that after the commencement of the Act, no school will be established or continue to run without getting recognition from the concerned authority except the schools, established and run by appropriate Government or local authority.

The Court also referred to Rule 11 of the 2011 Rules, which prescribes that no school will be established or run without recognition from the concerned authority.

“Even then several schools are being run by the private persons or body of persons without getting proper recognition, thus playing with the future of children of this State,” the Court added as it emphasized that no school (Basic or Junior High School) can be established or run after the commencement of the Act, 2009 without getting recognition from the concerned authority.

In this context, the Court noted that although the petitioner's petition pertains solely to the Lakhimpur Kheri district, the significance of the issue warrants broader consideration.

Consequently, the Court decided to expand the scope of the PIL plea. It directed the State authorities to submit a report on the operation of unrecognized schools throughout the State of Uttar Pradesh, as well as the actions taken against such schools, within a period of four weeks.Top of Form

The matter will be heard next on July 24.

Case title - Iddu vs. State Of U.P. Thru Prin.Secy. Education Lucknow And Ors.

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