The Allahabad High Court while disposing a public interest litigation pertaining to illegal leasing of land belonging to schools, directed that school’s farm land cannot be leased out without a reasoned decision by the Committee of the concerned school.
A Single Bench of Justice Saurabh Shyam Shamshery passed this order while hearing a PIL filed by Jai Bhagwan.
The public interest litigation has been filed to keep a playground of a Government School of Village Kakkerpur, Post Bhuni, Sardhana, District Meerut, free from any encroachment as there was an apprehension that in the garb of lease to School’s Farm land, playground of concerned School will be disturbed.
The Court noted that,
During hearing it was revealed that due procedure to lease out was not followed and income generated was not deposited in School’s account, therefore, the Court extended the scope of the public interest litigation and appointed Vipul Kumar and Rai Sahab Yadav, Advocates as Amicus Curiae and asked them to visit the concerned School as well as other Schools and to submit a report.
Vipul Kumar and Rai Sahab Yadav, Advocates have visited many Schools running under the jurisdiction of District Basic Education Officer, Meerut and they have pointed out certain irregularities and shortcomings. In one of the School facilities were utilized upto the best and even Adharshila Lab was working very efficiently, the Court observed.
The Court further noted that,
In the report it has been disclosed that there are 53 Schools within the District Meerut, where there are School Farm. It is also pointed out in report that in terms of Government Order dated 31 July, 2018, in order to lease out such School’s Farm land, a Committee has to be constituted having 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 report further stated that such Committee is not constituted in every such Schools and without their express consent Schools’ Farm land were leased out.
So far as present School is concerned, a First Information Report was lodged against earlier Principal as well as present Principal has also committed an error as in order to submit his reply, he has appointed a person, who was supposed to be beneficiary of proposal of lease.
Hrishabh Shukla and Diksha Shukla, Research Associates attached with the Court have also given following suggestions:
(1) Bio-metric attendance for Teachers should be made compulsory to ensure their attendance.
(II) Installation of digital equipments (CC Cameras, Voice Recorders) for surveillance of classes, supervised by an officer of Block level.
(III) There should be education awareness drive and campaign in every village conducted by Teachers of School.
(IV) Attendance of atleast 70% should be made mandatory for every student to appear in annual examination.
(V) District Basic Education Officer concerned should visit every school atleast twice in a year for the purpose of inspection and to remove shortcomings.
(VI) Teachers should be appointed on basis of subject and classes and not on basis of strength of students of School.
(VII) Duty of Teachers should be confined for teaching only and there should be separate staff for other kind of work.
(VIII) Benefits of Government schemes to students should be in proportion to their attendance and not merely on basis of admission so that attendance of students be increased.
(IX) Parent-Teachers meeting should be conducted atleast on monthly basis so that guardians are also aware about education system and also give their suggestions.
(X) Morning assembly in school should be conducted in presence of all Teachers and the Teacher, not present, should be marked as absent because of presence of Teachers will maintain discipline in students as well as boost the confidence of parents.
(XI) There should be proper staff to ensure cleanliness in School and Village Pradhan should be held accountable on failure of cleanliness.
In aforesaid circumstances, the Court disposed of the public interest litigation with following directions:
(1) 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.