HC restraints Govt from closing any school in J-K

Jammu, Dec 15 : Taking suo moto cognisance of a media report on a government school being asked to shut down to make way for a parking lot here, the Jammu and Kashmir High Court has restrained the state government from closing any government school, directing it to seek permission from it over any such closure.

More than 200 students are currently studying in the school – Government Girls High School, City Chowk, Jammu- and the decision to make way for a parking lot had invited the wrath of parents.

“Considering the Right to Education of children guaranteed under Article 21A of the Constitution of India and under Section 4 of Jammu & Kashmir School Education Act, 2002, we are restraining respondents from closing any government school, which are functioning as on date and if any school is to be closed for any valid reason(s), permission from this court be obtained”, a division bench of the court said yesterday.

The judgement was delivered by a bench of the high court comprising Chief Justice N Paul Vasanthakumar and Justice Tashi Rabstan.

The court said, “A shocking news item has come to the notice of this court through print media today, that an existing school, Government Girls High School, City Chowk, Jammu is ordered to be closed by government, even though more than 200 students are studying, that too in middle of the academic year and the area is earmarked for using it as parking area”.

“The students and their parents are in protest. The schools, which are functioning and catering to the education needs of the local residents shall not be closed. Thus, we are constrained to pass an order prohibiting the respondents from closing the Govt.Girls High School, City Chowk, Jammu and further order to continue the said school in the same premises till further orders.

The court also observed that the State Government is contemplating to rationalise 3000 schools in the State on the pretext of less number of students and more number of teachers working in schools.

“Though, it is necessary to deploy excess teachers to needy schools, taking steps to close the schools on the ground of less number of admissions of students must be carefully considered.This order shall not preclude the education department to post surplus teachers in needy schools,” the court said.

The court also said that imparting education should not be for profit.