Consider pleas for school upgradation within six weeks, HC tells Karnataka government

The court said the authorities have to discharge their duties in a transparent and reasonable manner

The High Court has directed the state government to consider the application within six weeks filed by a school for upgradation of the school infrastructure. Justice P Krishna Bhat said that Article 21 A of the Constitution related to the right to education casts an enormous duty upon the state government.

The petitioner school trust had applied for upgradation of the school from 2019-20 by commencing 9th and 10th classes by paying the requisite Rs one lakh fee. The trust had approached the court contending that the applications were not decided within a time-bound manner.

The court said that whenever managements submit applications, seeking the upgradation of schools, the authorities have to discharge their duties in a transparent and reasonable manner. The court also said that that since it is the fundamental right of every child born in the country to have free and compulsory education up to the age of 14 by operation of Article 21-A of the Constitution, a corresponding duty is enjoined upon the state to ensure the creation of a large number of schools for providing universal education to such children.

“Once the application is made by the managements, the respondents are required to make an inspection as per the rules and give opportunity to the managements to rectify any defects found during such inspection and thereafter, the application should be finalised. In the entire process of consideration of the application respondents are required to act in a reasonable, just and fair manner,” the court said.

The court has directed the authorities to consider and dispose of the application within six weeks for the academic year 2022-2023. The three-member committee while making its visit for the purpose of inspection should point out the deficiencies noted to the petitioner during the inspection itself in writing, the court said. The authorities have also been told to give reasons for the decision taken, either granting or refusing to grant permission for upgradation.

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