HC Directs Odisha Govt To Take Over Private School In Mayurbhanj

Cuttack: The Orissa High Court has directed the state government to take over a private school located in Betnoti block of Mayurbhanj district where many tribal students study.

The single judge bench of Justice Sashikanta Mishra issued the direction recently on a petition filed by teachers of the Pokharisahi Primary school established by a private management in 1989, TNIE reported. After duly selecting candidates, the management appointed assistant teachers on different dates.

Notably, the district inspector of schools had in 2001 sent a proposal to the government for taking over the management of the school in the larger interest of the students, most of whom belonged to the tribal communities.

The district administration also took a decision in 2005 to open Pokharisahi new primary school in the existing institution by utilising the land and building belonging to the private management.

However, no concrete action was taken on such order of the collector except for one teacher who was sent on deputation in 2009 to teach students of Class I to Class V.

The teachers sought the court’s intervention after their representation was rejected in 2013 on the ground that there is no provision under Sarva Shiksha Abhiyan to take over schools. The students and infrastructure would be taken care of, but teaching/non-teaching staff cannot be taken over on humanitarian grounds.

While quashing the order rejecting the claim of the teacher-petitioners, Justice Mishra observed, “This is a misconceived approach because in view of its Constitutional obligation to provide free and compulsory education to the children as also the need to promote the educational needs of the marginalised communities, the government, by taking over the existing teachers will not be doing a favour on them but would be furthering its Constitutional obligations. Therefore, taking over the management of the school would in fact be in consonance with the Education Policy of the government and not contrary to it.”

Justice Mishra directed the authorities to pass necessary orders in this regard within three months.