The Bombay High Court has directed the Brihanmumbai Municipal Corporation (BMC) to submit detailed information on 14 English primary schools in Malwani, Malad West, facing closure over alleged non-recognition under the Right to Education Act, while also considering measures to prevent disruption to students’ current academic year.
A division bench comprising Chief Justice M C Tripathi and Justice Advait Sethna asked the civic body to explain the authorisation status of the schools and the circumstances under which they were allowed to operate. The court said it would examine “under what circumstances the concerned/competent authorities have permitted the said schools to perpetuate such a situation.”
The proceedings followed a public interest litigation filed by Nazir Khan, a private tutor, challenging action initiated by the BMC education department against the schools. The petition alleges that closure action was taken without providing an alternative arrangement or ensuring continuity of education for the affected students, potentially violating the right to education under Article 21A of the Constitution.
The petition also challenged the registration of an FIR on June 18, claiming that no proper hearing was provided before the criminal proceedings began. Khan has sought the quashing of the closure notices, a direction to Malwani police station not to take coercive action against the schools and permission for the institutions to continue so that students do not lose the academic year. He has also sought an interim stay on the notices and further administrative or criminal action.
BMC advocate Poornima Kantharia told the court that several notices had already been issued directing the schools not to admit new students. Despite those notices, the schools were allegedly continuing to enrol students and conduct classes, she said.
The court directed the BMC’s competent authority to file an affidavit covering the schools’ authorisation status, whether they are aided, unaided or operating under another category, and the number of students and teachers enrolled. The affidavit must also state whether the schools are affiliated to any recognised board, when they began operating, and what action has been taken against the schools or their management.
The 14 schools named in the petition are Little World, Father Abraham, Little Wonders, Rose Mary, Jhil, Daya Sagar, Cosmos, Sadhana, ISM, MH, Crescent, Indian Glory, Happy Valley and Archivas Learning Campus.
The judges said they were conscious of the future of students currently studying at the institutions. The court may consider whether some relaxation can be granted to allow students to complete the current academic year. It described the possible mid-year disruption as a matter of concern, stating that unsettling students’ education at this stage could cause “grave and irreparable prejudice” to them.
The case is scheduled to be heard next on November 4, when the court is expected to consider the BMC’s affidavit and the status of the schools and their students.
