Can't Reduce Right To Education To Mere "Rope Of Sand": Karnataka High Court On School Demolition For Mysore Expressway, Orders New Building

The Karnataka High Court has directed the State Government to forthwith identify/approve identified land for construction of a school building in Maddur Taluk, which was demolished after land on which it stood was acquired for widening and upgrading Bangalore – Mysore Highway. A single judge bench of Justice M Nagaprasanna was irked by the three year delay at the hand of the state government officials in constructing the new school building and on perusal of the photographs highlighting the conditions in the makeshift schools which the children are attending. It said “This Court would not permit the State to reduce the fundamental right of children under Article 21-A of the Constitution of India, to a “mere rope of sand”". The bench cited the example of Japan, where in a remote place on the Island of Hokkaido, trains run by the State stop there only few times a day, once to pick up the only girl for school and later, to drop her back when the school day is over. The train station exists only for one school going child and the trains run at the cost of the State for one school going child, Court pointed. It said “People round the globe tipped their hats in praise of the Japanese Government for making education even of one child a top priority. It was lauded as good governance at the grass-root level.” Then it expressed “The officers of the State government must remember that right of every citizen matters and no child can be left behind. The issue before this Court is not “just one school”, it is “even one school”.” Case Details: The School Development and Monitoring Committee of the Government Lower Primary School, Agaralingana Doddi, Maddur Taluk had approached the court seeking a direction to the government to take immediate action for initiation of process of identification of land and rebuilding of the Government School. The subject school was established 35 years ago. As and when the strength of students would increase, the need for expanding the school with required infrastructure also increased. Many members in the Village then volunteered and donated 10 guntas of land in favour of the State only for the purpose of building the School. The Government school then came within the jurisdiction of the Gram Panchayat as it was in the vicinity of Agaralingana Doddi Gram Panchayat. The State then constructed two rooms, a kitchen and toilet both for boys and girls in the area that was donated by the members of the village and established a new building in the said area. From 2003 upto 2018 the school was functioning in its full swing. 25 students, both boys and girls, were studying in the said school from first to fifth standard. In the year 2016 the National Highways Authority of India undertook a project of widening and upgrading Bangalore – Mysore Highway, into a ten-lane road. The land in which the school was established was also notified for acquisition which led to demolition of the entire school building. NHAI awarded a compensation of about Rs. 67 lakh. The Committee then in 2020 made a representation to the Block Education officer for utilization of compensation amount for purchasing an alternative land for construction of a new school building but, in vain. The Government did not identify any land in the vicinity. But a circular was issued by the State on 10-06-2020 directing compensation amount received by the School on its demolition to be immediately deposited to the consolidated account of the State. Since the school was not being set up, the members of the village began to protest for identification of the land and construction of the school building. This led to the Committee taking up a small room and setting up a school so that the children should not go out of education. The small room does not have any amenities, it is averred. It does not have a kitchen or a washroom it was said. State Government opposed the plea: The State government submitted that the Committee has no locus to knock at the doors of this court. Further, the compensation amount should first come to the consolidated fund of the State and only then the State would release funds for establishment of a new school building. It was also said “The 25 students in the school are now directed to be accommodated in a school already functioning in Hunasemarada Doddi which is either 500 meters or 1 km. away from the earlier school building which stood demolished, the building would be re-constructed only after the compensation amount being deposited.” In reply the committee contended that the children have to cross a state highway to gain access to the said school. Therefore, the young children cannot be put at risk to attend the school where the children are sought to be accommodated. Findings: At the outset the bench remarked that social and economic development of the nation depends upon its educated population. "For a...

Can't Reduce Right To Education To Mere "Rope Of Sand": Karnataka High Court On School Demolition For Mysore Expressway, Orders New Building

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