Published: 19th April 2022
Clear applications seeking approval for upgrading schools on time: Karnataka HC to state
It also added that the lack of funds restricts the state from opening more schools and this is where private players need to be allowed to open schools for a large number of students in the state
On Monday, April 19, Karnataka High Court took a serious note of several litigations which were coming up before the court. These alleged failure on behalf of the Primary and Secondary Education Department authorities to consider the applications seeking approval for upgradation of existing schools. The High Court stated that the authorities need to act in a reasonable, just and fair manner when it comes to the applications and offer reasons for either granting or refusing permission.
It was the contention of the school managements that the applications weren't disposed of in a timely manner and that the applications which were disposed of were done so without proper reasons.
"Disposal of the applications in a time-bound manner is extremely essential as the applications are filed for a specific academic year and if the decision-making authorities take too long for disposing of the applications, the academic year itself would have been over rendering the applications irrelevant or infructuous. It is necessary for the respondents — authorities of the primary and secondary education department and office of the public instructions — to bear in mind the fact that the applications are filed by paying considerably high amount of fees and if the applications are not considered by them and disposed of within a reasonable time, it will entail great hardship to the applicants. It is also necessary for the respondents to keep in mind that they are bound to give reasons for granting or refusing to grant permission," said Justice P Krishna Bhat.
The court pointed out that it was the fundamental right of every child to have free and compulsory education up to age 14 and, in turn, the corresponding duty that is enjoined upon the state through the respondent is the creation of several schools so that universal education can be provided to children. It was while disposing of the petition filed by We Care Charitable Trust and questioning their applications' rejection for upgrading existing schools by starting Classes XI and X that the court said this.
It also added that the lack of funds restricts the state from opening more schools and this is where private players need to be allowed to open schools for a large number of students throughout the state.