Considering the education of nearly 6,000 students, the Bombay High Court on Wednesday (November 4) directed the Brihanmumbai Municipal Corporation (BMC) not to shut down 14 schools operating without sanction or prior approval until March 31, 2027.

The Court said it could not permit students and teachers to be “uprooted” during the academic year.

A division bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna was hearing a public interest litigation filed by Nazir Khan. The petition challenged BMC notices directing 14 schools in Malvani, suburban Malad, to shut down on the ground that they were functioning without sanction or prior approval from the State Government or any other authority.

However, advocate Irfan Pathan for the petitioner pointed out that as per the fresh notice issued by the BMC, the schools have been asked to shut down immediately. He contended that the authority must give some time for the students to look for alternate schools as sudden uprooting of the students was not possible.

Agreeing on this, CJ Tripathi orally said, "Primary concern of the court is that these students should not be uprooted... We will check if the teachers are qualified... Schools are as per law etc. later but as of now the interest of these small children is to be considered. Thus, we want to know from the civic body whether it will lock the premises or let them run till March 2027 for the current academic year to end?"

To this, BMC counsel Poornima Kantharia highlighted the fact that from 2019 the civic body has been issuing notices to the schools and that there are a total of 164 such schools, which are said to be running illegally.

"What were you doing since 2019? Who is stopping you?? In the interest of the students, teachers, parents etc... Now that no effective steps have been taken let them run till 2027... You cannot just uproot students and teachers suddenly saying from tomorrow go to some another school... Transition must be slow..." the bench observed.

The judges noted that most of these 14 schools in question have been running since 2009 onwards and the BMC has only been issuing notices from 2019. Therefore, the judges told Advocate General Dr Milind Sathe, who was present in the court to let the schools function at least till March next year, when their current academic session ends.

"In the midst of the session they are small students... We are clear on the point that they cannot run schools without sanctions and definitely they may seek the same... But let them run the institution without any hindrance up to the current academic sessions... In the meanwhile the schools can also apply for permissions and you can take a decision on this... So let them not function from June 2027 if they don't get the proper permissions..." the Chief Justice said.

At this, advocate Pathan pointed out that these schools are in slum area and that the said schools, even if apply for permissions, the authorities would not permit them as they do not qualify the condition of have at least 5,000 square feet land parcel.

However, the bench was not impressed with this submission and said, "We are not seized of any matter wherein the institution has challenged any of these conditions... We are not going to enlarge the scope of this petition... So, in our order we will only say that their (student's) education won't be disrupted... As regards the schools, we have no idea how it is functioning, who are its teachers, whether the teachers have basic qualifications... We are concerned about these students and they must get the education... Let us be very clear an institution must run as per law so that unnecessary parents aren't made to face some difficulties... Suppose parents of these students are not educated they would not know what education their kids are getting... People from weaker section aren't aware about these ground realities..".

The bench therefore, ordered the authorities to let the schools continue till March 2027 and also the schools have been given the liberty to apply for seeking regularisation.

The matter will be next heard on January 15.