The Allahabad High Court issued directions to address the encroachment of school playgrounds in Meerut while directing that the School’s farm land cannot be leased out without a reasoned decision by the Committee.

The Court disposed of a Public Interest Litigation (PIL) regarding the management and protection of the playground and farm land of a government school. The Bench took into account the report submitted by Advocates Vipul Kumar and Rai Sahab Yadav as Amicus Curiae, which highlighted several shortcomings in the management and utilisation of the school land, as well as issues affecting the quality of education.

A Singh Bench of Justice Saurabh Shyam Shamshery directed, “No School’s Farm land will be leased out without a reasoned decision taken by above referred Committee of concerned School…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.

Advocate Awadhesh Kumar Mishra represented the Petitioner, while CSC Abhitab Kumar Tiwari appeared for the Respondents.

The PIL was filed to keep a playground of a Government School free from any encroachment as there was an apprehension that in the garb of a lease to the School’s Farmland, the playground of the concerned School would be disturbed.

During the hearing it was revealed that the due procedure to lease out was not followed and income generated was not deposited in the School’s account.

Therefore, the High Court extended the scope of the PIL and asked the Amicus Curiae to visit the concerned School as well as other Schools and to submit a report.

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 31st 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 states that such Committee is not constituted in every such Schools and without their express consent Schools’ Farm land were leased out,” the Bench noted.

Consequently, the Court disposed of the PIL with the following directions:

  • No School’s Farm land will be leased out without a reasoned decision taken by above referred Committee of concerned School.
  • 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.
  • District Basic Education Officer, Meerut will take note of shortcomings pointed out in report and will take necessary steps to address.
  • District Basic Education Officer, Meerut will communicate all 53 Schools of District Meerut about this order.
  • 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.

Cause Title: Jai Bhagwan v. State Of U.P. & Ors. (Neutral Citation: 2024:AHC:194146)

Appearance:

Petitioner: Advocates Awadhesh Kumar Mishra and Sunil Kumar Singh

Respondents: CSC Abhitab Kumar Tiwari

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