Daijiworld Media Network – Mumbai
Mumbai, Aug 28: The Bombay High Court has restrained police from taking coercive action against an unauthorised primary school in Mandala, Mankhurd, against which an FIR was registered along with 35 other schools.
Justice Milind Jadhav, in an interim order passed on August 21, observed that a prima facie arguable case had been made out, particularly as the academic year had already commenced. The court said shutting down the school abruptly due to prosecution proceedings could cause hardship to students.
“It would be a travesty of justice if on account of prosecution proceedings, the school is shut down abruptly and its students are required to be accommodated elsewhere,” the court observed.
The petition seeking quashing of the FIR was filed by office-bearers of Educare English School, which has been operated by a trust since the 2015-16 academic year. The school provides education to children from slum areas.
The petitioners said the school had made several applications seeking recognition. In October 2017, the Brihanmumbai Municipal Corporation (BMC) had issued a certificate after the school was mapped on the Ministry of Education’s Unified District Information System for Education platform.
On March 2, the BMC education inspector issued a show-cause notice and directed the school to shut down. Subsequently, an FIR was registered on June 24 under Section 223 of the Bharatiya Nyaya Sanhita (BNS), relating to disobedience of an order by a public servant, and Section 18 of the Right to Education Act, which prohibits the establishment of a school without a recognition certificate.
Advocate Satish Talekar, appearing for the petitioners, argued that the FIR was not maintainable under Section 223 as the provision requires a complaint from the concerned public servant.
He also submitted that Section 18 provides for a fine in such cases.
The High Court questioned the direction asking the school to send its students to nearby private or municipal schools before shutting down. Justice Jadhav observed that such a direction could not be accepted unless the students were rehabilitated completely.
The court directed the prosecution to file an appropriate reply and ordered that no coercive steps be taken under the FIR until the petition is heard for admission.