The Karnataka High Court has ruled that all schools, including government institutions, must adhere to uniform safety and regulatory standards under existing laws. This landmark decision aims to eliminate disparities between private and government-run schools regarding structural stability, fire safety, and other essential compliance measures.
Background of the Case
The ruling came in response to a petition filed by the Society of Unaided Recognized Schools in Karnataka and other private institutions challenging a government circular issued on June 6, 2022. The circular mandated:
- Structural stability certificates
- Plan sanctions
- Fire safety clearances
Private schools contended that these requirements were unlawful and discriminatory, arguing that government schools were not subjected to similar regulations.
Legal Arguments
Petitioners’ Claims:
- The circular’s conditions exceeded the authority of the Karnataka Education Act, 1983, which governs school recognition but does not mandate these additional requirements.
- The new requirements violated Rule 4 of the Karnataka Educational Institutions Registration Rules, 1999, by imposing conditions during the validity period of recognition.
- They argued this was discriminatory and violated Article 14 of the Indian Constitution, as government schools were not held to the same standards.
Government’s Defence:
The government justified the circular, emphasizing the need for student safety in older school buildings. Key arguments included:
- Structural Stability Certificates were necessary due to aging infrastructure flagged by the Public Works Department.
- Plan Sanctions are pre-existing requirements under building bylaws.
- Fire Safety Clearances are mandatory under the National Building Code.
While admitting non-compliance in government schools, the government pledged to address this oversight.
High Court Observations
Justice Suraj Govindaraj emphasized the critical importance of ensuring safety in educational institutions, stating that these are spaces for young children and must be safeguarded against preventable risks.
Key observations:
- The requirements under the circular align with long-standing obligations under building bylaws, not new or retroactive conditions.
- Recognition under the Karnataka Education Act does not exempt schools from compliance with safety laws.
- The government must lead by example, ensuring its institutions also meet the prescribed standards.
Compliance Deadline and Action Plan
The Court has granted schools time until the next academic year to comply with the safety requirements. To ensure progress, the Principal Secretary of Education has been instructed to:
- Develop a comprehensive action plan for implementing the guidelines.
- Create an IT portal to monitor compliance across schools.
- Submit a detailed project report within six weeks.
A follow-up hearing is scheduled for March 4, 2025, to evaluate compliance.
Implications of the Ruling
The High Court’s decision marks a pivotal step in ensuring safety and accountability in Karnataka’s educational institutions. Key takeaways:
- For Private Schools: The burden of immediate compliance falls heavily on private institutions, requiring significant investment in infrastructure and safety measures.
- For Government Schools: The government faces the dual challenge of addressing non-compliance within its schools and setting a benchmark for safety and governance.
By mandating equal standards for all schools, the Court reinforces the principle that student safety should take precedence over bureaucratic or financial constraints. This ruling sets a precedent for similar actions across other states, prioritizing the welfare of students nationwide.
