Orissa High Court LAW INSIDER
Orissa High Court LAW INSIDER

Lekha G

The Orissa High Court on Tuesday quashed a notification of the School and Mass Education department to shut down nearly 8,000 elementary and primary schools having poor student strength and merge them with some nearby schools having bigger strength and good infrastructure.

The Petition was filed challenging the notification that it violated the Odisha Right of Children to Free and Compulsory Education Rules, 2010. It was pointed out that Clause (a) of Sub-Rule 1 of Rule 6 prescribed that a school teaching students for class I to V have to be established within a walking distance of 1 km of the neighborhood.

The Court directed the State Government to restore back the position of the merged schools as before and provide necessary infrastructure for the smooth running of the said schools.

Justice Sarangi observed, “Instead of finding the reasons for decreasing roll strength, merger of school will not serve the purpose. It is just like without finding the cause of disease, treatment has been started. There are innumerable reasons for decreasing of roll strength. Instead of eradicating the ground difficulties, merger has taken place due to decision taken at higher level without realizing the ground level reality”.

The Department had started merger of at least 7,772 schools of which 1,724 schools had less than 25 students and 6,048 schools had less than 20 students.

This was met with vehement opposition from parent’s association members as well as opposition political parties saying that the merger of schools would cause lot of inconvenience to the students as they would have to travel long distances to reach their new schools.

School and Mass Education Minister Samir Ranjan Dash informed the State Assembly last year that effected students in the merger of schools would be provided a one-time financial assistance of Rs 3,000 and Rs 600 per month towards escort allowance according to the provision of Right to Education Act.

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