The directive follows a petition by private unaided schools challenging a circular issued by the Karnataka government on June 6, 2022. The circular required schools to furnish structural stability certificates, plan sanctions, and fire safety clearances, prompting legal and ethical debates on compliance, fairness, and enforcement.
The Legal Challenge
The Society of Unaided Recognized Schools in Karnataka and several private institutions filed a petition against the circular, contending that the new requirements were unlawful.
Their counsel argued that the conditions outlined in the circular were ultra vires the Karnataka Education Act, 1983, as Section 36 of the Act governs recognition, but does not mandate structural stability, plan sanctions, or fire safety clearances.
The petitioners also claimed that imposing such requirements on schools already recognized violated Rule 4 of the Karnataka Educational Institutions Registration Rules, 1999, which prohibit adding new conditions during the validity period of recognition.
Citing past judgments by Coordinate Benches of the Karnataka High Court, the counsel argued that these conditions should not apply retrospectively. The petitioners also accused the government of discrimination, pointing out that government schools were not being held to the same safety standards, a violation of Article 14 of the Constitution of India.
The Government’s Defence
In defence of the circular, the Additional Government Advocate explained that the new requirements were introduced in the interest of student safety, particularly for older school buildings. She clarified that:
1. Structural Stability Certificates: These were mandated following concerns raised by the Public Works Department about aging buildings.
2. Plan Sanctions: These are pre-existing requirements under building bylaws and must be provided for schools operating in any building.
3. Fire Safety Clearances: Fire safety norms are mandatory under local bylaws and the National Building Code.
The government admitted, however, that government schools were not in compliance with these requirements, exposing a major oversight in enforcement.
The Court’s Observations
Justice Suraj Govindaraj highlighted the critical need for structural stability and fire safety in schools, noting that they are spaces where young children gather and must be protected from preventable risks.
The Court rejected the petitioners’ claim that new conditions were being retroactively imposed, stating that the requirements outlined in the circular were long-standing obligations under building bylaws.
“It is the responsibility of schools to ensure the safety of their premises,” the Court remarked, adding that recognition under the Karnataka Education Act does not exempt institutions from complying with other applicable laws.
The Court also emphasized that the government must lead by example, ensuring its own institutions comply with fire safety and structural stability norms.
Deadline and Action Plan
Recognizing the logistical and financial challenges involved, the Court granted schools time until the next academic year to comply with the circular. The Principal Secretary of Education has been instructed to:
• Develop a comprehensive action plan.
• Establish an IT portal to monitor compliance across all schools.
• Submit a detailed project report within six weeks.
The Court has scheduled a follow-up hearing on March 4, 2025, to ensure compliance.
Implications For The Future
The High Court’s ruling sets a precedent for ensuring safety and accountability in educational institutions across Karnataka. By mandating equal standards for both private and government schools, the Court has sent a strong message about the importance of prioritizing student safety over bureaucratic or financial constraints.
While private schools face the immediate burden of compliance, the government now faces the challenge of addressing its own lapses and ensuring that its institutions serve as models of safety and governance.
—By Shivam Sharma and India Legal Bureau