Karnataka HC Directs Private Schools To Submit Structural Stability Report, Fire Clearance Sanction; Govt Schools Also Told To Comply

The Karnataka High Court has upheld a Circular issued by the Department of Education requiring private schools, amongst others, to obtain and furnish a structural stability certificate and sanction plan relating to the building where the school was being run, along with fire safety requirements/facilities for such schools.

The court passed the order after noting that the circular only required that the school building's structure be stable especially when young children cannot be easily trained in respect of any disaster or emergency issue which could arise.

Justice Suraj Govindaraj disposed of the petition filed by the Organisation for Unaided Recognised Schools questioning the circular of June 6, 2022.

Rejecting the contention of the petitioners that the requirement of issuing of structural stability certificate, the plan sanction or fire clearance had been imposed only in the year 2022 after the recognition had been granted which is in force for a period of ten years, the court said:

“I am of the considered opinion that by way of the circular, what has been sought for is only what was required to the satisfied by the schools even before the final recognition was issued, that is to say that the school ought to satisfy the Authorities, that the structure of the building is stable and can cater to the activities that are performed therein, more so when the school is a place where children of young age who cannot be easily trained in respect of any disaster or emergency issue which could arise.”

It added, “The circular has been issued only to verify the implementation of the building Bylaws and other regulations which were always applicable to the schools of the petitioners and there are no new conditions which have been imposed.”

Pointing out that the Education Department is granting provisional recognition under Section 36 of the Karnataka Education Act, before the requirements under the Rules are complied with by providing a timeframe of one year for compliance. However, even as regards the said compliance, there is no methodology which has been established by the Education Department to ensure whether those conditions have been complied with or not.

The court said, “This aspect has also resulted in the above situation in as much as the plan sanction which is required to be obtained by the schools has still not been furnished to the Authority requiring the present impugned circular dated 06.06.2022 to be issued.”

It accepted the submission made by the petitioner that the circular applicable to private schools which are unaided are not applicable and are not adhered to by the Government schools.

The court said, “When the State imposes certain rules, regulations and obligations to be followed by private individuals or organizations, the State and or its entities if involved in the very same activity are also duty-bound to follow such rules, regulations and obligations as imposed on private individuals or organisations.”

Following this it opined “The requirement of applicable laws including Building Bye-laws, National Building Code would equally be applicable to the State Government which would be required to be complied with by and fulfilled by the State Government. There is no particular exemption for the State Government.”

Accordingly, the Principal Secretary of the Education Department was directed to look into this aspect and formulate a detailed action plan and submit a detailed project plan as regards the manner in which the Government schools will comply with the various legal requirements which are applicable to private schools aided or unaided.

Further, the court directed the Principal Secretary Education Department to create an IT portal on his website indicating the details of the compliances which are required to be made by each of the schools under each of the particular enactments applicable to the said school, conditions imposed in the provisional recognition or the like, enabling the school to upload the compliances made from time to time.

The court directed the concerned to submit a detailed project report, within six weeks before the court.

Finally, the court granted time until the commencement of the next academic year for the schools to comply with the requirements under the local municipal laws, building Bylaws and all laws, rules and regulations which are applicable to the said school.

Appearance: Advocate S. Sudharshan for Petitioners.

AGA R.K Prathibha for Respondent.

Citation No: 2025 LiveLaw (Kar) 9

Case Title: Organisation for Unaided Recognised Schools & Others AND State of Karnataka & ANR

Case No: WRIT PETITION NO.23653 OF 2024

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