Calcutta High Court Directs Union, State Govts To Find Alternate Accommodation For Central Forces Housed In Schools & Colleges To Allow Reopening

The Calcutta High Court has directed the Central and State governments to consider moving central forces currently located inside various schools and colleges in West Bengal due to the Lok Sabha elections, to allow the schools and colleges to be re-opened after their summer vacations.

A bench of Justices Harish Tandon and Hiranmay Bhattacharyya observed the seriousness of the matter and held that the right of students to receive education under Article 21A was absolute and that with schools and colleges continuing to be shut due to the central force deployment, it was hampering the students right to education.

"Due to continuance of central forces being housed in schools and colleges, the administration is unable to reopen the institutions after the summer vacations, and an appropriate direction is required to be passed in this regard. Almost 200 companies of central forces have occupied school premises. Continued deployment was directed till 21st June. Deployment in schools and colleges impacts education of the children and therefore, the central govt and state govt must act together to find out alternative place for continued housing of the forces," the Bench held.

Notably, the bench had earlier extended the deployment of forces in West Bengal till 21st June, due to allegations of widespread post-poll violence.

Petitioner contended that the fundamental rights of students of schools and colleges under Article 21A to receive education were being hampered due to the deployment of central forces in schools and colleges for the recently concluded parliamentary elections.

State submitted that the deployment of the forces was being done according to the prevalent norms and court orders, which had extended their deployment till the 21st of June.

In recording these arguments, the Bench directed the central and state governments to find alternative arrangements to house the central forces till their deployment was complete, in order to reopen the schools and colleges for students.