Introduction:

The Allahabad High Court, in the case of Jai Bhagwan v. State Of UP and 6 Others [PIL No. 1911 of 2024], addressed a public interest litigation concerning the illegal leasing of land belonging to schools. The petitioner sought the protection of a school playground, alleging the possibility of encroachment under the pretext of leasing school farmland. The court revealed procedural lapses, misuse of funds, and non-compliance with a 2018 Government Order mandating a committee for leasing school land. Justice Saurabh Shyam Shamshery delivered a detailed judgment outlining directives to curb such practices, safeguard school properties, and improve school administration.

Arguments:

Petitioner’s Arguments:

The petitioner argued that leasing school farmland without following due process posed a threat to the preservation of school playgrounds. It was contended that there was a likelihood of encroachment, jeopardizing students’ rights to essential amenities. Highlighting irregularities in the lease process, the petitioner emphasized the importance of adherence to the Government Order dated July 31, 2018, which mandates the formation of a committee for leasing school land. The petitioner further asserted that the income generated from such leases had not been utilized for the schools’ benefit but had instead been misappropriated.

Respondent’s Arguments:

The respondents, represented by the state authorities, contended that the leasing of school farmland was carried out to generate revenue for the schools. They argued that procedural lapses, if any, were inadvertent and did not result in encroachment. However, during the hearing, the respondents were unable to provide evidence of adherence to the Government Order or confirm the deposit of lease income into the schools’ accounts. The state also sought to justify the absence of a monitoring mechanism by citing administrative challenges and resource constraints.

Court’s Judgment:

The Allahabad High Court, after considering the submissions and examining the amicus report, issued comprehensive directions to address the irregularities in leasing school farmland. Justice Shamshery emphasized the critical role of schoolland in ensuring the holistic development of students and the importance of preserving these assets.

The Court highlighted the need for strict compliance with the Government Order dated July 31, 2018, which mandates the formation of a committee for leasing school land. It directed the constitution of such committees for all schools, with specific roles assigned to each member. The committee, comprising the Gram Pradhan or Nagar Palika Adhyaksha as President, a nominee of the Sub-Divisional Magistrate above the rank of Naib Tehsildar, and the school principal, was tasked with ensuring transparency in leasing decisions. The Court mandated that no school farmland be leased without a reasoned decision by the committee.

Further, the Court directed the committee to review previous leases, verify whether income from such leases was deposited into school accounts, and consider the antecedents of lessees. The District Basic Education Officer (DBEO), Meerut, was instructed to address shortcomings identified in the amicus report and implement necessary measures to rectify them. The DBEO was also directed to communicate the Court’s order to all 53 schools in the Meerut district.

The Court took cognizance of additional suggestions by its research associates, which included biometric attendance for teachers, installation of CCTV cameras, mandatory 70% student attendance, morning assemblies, and parent-teacher meetings. These measures were aimed at improving the overall functioning of schools and ensuring accountability. The Court encouraged the District Magistrate and the DBEO to implement these suggestions, forwarding them to higher authorities if required.

Justice Shamshery underscored the significance of preserving school playgrounds and farmlands, emphasizing that such spaces are integral to students’ education and development. The Court noted that any attempt to encroach upon or misuse school land not only violated legal provisions but also deprived students of their rightful resources.

By disposing of the PIL with detailed directives, the Allahabad High Court ensured a robust framework to protect school lands, promote transparency in leasing practices, and enhance the administration of schools. The judgment serves as a reminder of the judiciary’s proactive role in safeguarding public resources and upholding the rights of students.