PANAJI
The Bombay High Court at Goa on Monday directed that the students studying in the Jadeed Pre-Primary School, Jadeed Primary School, Jadeed English High School, and Jadeed Urdu High School which are currently operating from premises that are illegal and unauthorised be shifted out to neighbouring schools.
The order was issued on a petition filed by a rival school, the Husn Sahara Muslim Welfare Education Society after petitions and counter petitions were filed before the High Court alleging that the other’s school was illegal.
The inspection on the Jadeed group of schools that is operated by the Anjuman Touhidul Muslameen Education Society revealed that there were very serious illegalities concerning the premises through which the society was operating its school. The inspection revealed that the entire structure was backed by no permissions and even the fire safety requirements were a complete casualty.
Through all these schools, almost 475 students were being educated.
“After reading the reports, we were not only shocked and surprised but were extremely disturbed that the students were being educated through such unsafe premises. After a series of inspections, the authorities reported that the structure through which the school was being operated was wholly illegal. They reported that safety compliances were not even possible. The authorities reported that the school building was put up without any permission from any authorities. Since there were no permissions, [the society] did not bother to seek any occupancy certificates or even comply with the fire safety requirements,” the High Court observed.
“Given the above startling position, we felt that we have no option but to close down this school so that the lives of innocent school children are not put in jeopardy. At the same time, what was bothering us was the closure of the school in the midst of the academic year would leave these innocent students in a complete lurch for no fault on their part,” the High Court observed.
The High Court then requested the Advocate General to find out whether the Government, through its Directorate of Education, will find some alternate premises from where these innocent students could continue with their education without interruption in their academic year.
After holding a series of meetings with the school managements of several schools in the locality, a plan for shifting of the school students was agreed upon by the Heads of institutions concerned as a stop-gap arrangement in the interest of the safety of students.
“The said arrangement is till 31/12/2023, which may be extended till 30/04/2024 i.e. till the end of the Academic Year 2023-2024 and will not be extended beyond that. The management of Jadeed School shall find a permanent solution/shall make arrangements of safe infrastructure/school building satisfying all the applicable Acts and Rules and submit the same to the High Court and shift all the classes in their own building with the permission of the High Court (within the above mentioned time frame), failing which the Director of Education shall withdraw all the permissions and recognition to open the school/start classes/divisions issued to the Jadeed English High School, Jadeed Urdu High School, Jadeed Primary School, Jadeed Pre Primary. School, and order to close the said schools permanently and make arrangements to admit the students in nearby schools, the High Court also said.
The students of Jadeed English High School will continue to wear the uniform of Jadeed English High School for an initial period of one month from the date of shifting. Thereafter, the students of Std V. VI, and VII of Jadeed English High School shall wear the uniform of Government High School, Kirlawada Chimbel and the students of Std VIII, IX and X of Jadeed English High School shall wear the uniform of Union High School, Chimbel. The arrangements for their new uniform shall be made by Jadeed English School Management. However, these students shall remain the students of Jadeed English High School (separate General Register, Staff records, muster roll will be maintained of Jadeed English High School)."
The staff of Jadeed English High School shall be deployed under the Incharge Headmistress Union High School, Chimbel until, further orders from the Directorate of Education.
The High Court also ordered the Village Panchayat of Chimbel to act against the illegal structure of the school.
“At least prima facie, we think that this was quite a rash and negligent act on the part of [the management], which was duty-bound to protect the interests of the students and take all steps necessary to ensure their physical safety. Be that as it may, we are also surprised that the Village Panchayat of Chimbel, which is a party to this petition, chose to ignore such an illegal structure which was put up within their jurisdiction without obtaining permission from any authorities,” the High Court observed.
“It is the duty of the Panchayats to prevent the mushrooming of illegal constructions. In any case, if illegal constructions come up clandestinely, it is the duty of the panchayat to take action against such illegal constructions without waiting for complaints. Unfortunately, the Panchayats, even after complaints, avoid taking action,” the High Court also said.
