HC upholds PSPCL’s decision to close down school in Ropar

The PSPCL had stated that it is not a “local authority” as defined in RTE Act and has no duty to establish a neighbourhood school

The Punjab and Haryana high court has upheld the Punjab State Power Corporation Limited’s (PSPCL) decision to close down a school which it was running at the Power Colony area of Roopnagar.

The bench of justice Sudhir Mittal said that only municipal corporations and such other bodies are covered by the definition of “local authority”. (Representative image)

Students from the colony had challenged the PSPCL’s decision taken in July 2020, arguing that it was in violation of the Right of Children to Free and Compulsory Education Act, 2009. As per the Act, all children in the age group of 6 to 14 years are entitled to free and compulsory primary education in neighbourhood schools.

Rules entitled the Punjab Right of Children to Free and Compulsory Education Rules, 2011, have been framed by Punjab under the central law. According to this, students from Classes 1 to 5 must have access to a school within a distance of 1 kilometre from their house, and those from Classes 6 to 8 within three kilometres, the court was told.

It was also informed that Nuhon Colony is at a distance of 15 kilometres from Power Colony. Thus, the decision is in violation of central law and rules framed under it. It was also argued that PSPCL is a “local authority” mentioned under RTE Act and is duty bound to establish schools.

As per PSPCL, all employees will be allotted houses in Nuhon Colony, where a school is already established. Further, the step was taken to reduce costs at Roopnagar, as power generation is reducing. The PSPCL is not a “local authority” as defined in RTE Act, and it has no duty to establish a neighbourhood school and some government schools are already functioning in the area, it had submitted.

The bench of justice Sudhir Mittal took note of submissions that only bodies like municipal corporation, municipal council, zila parishad, nagar panchayat and panchayat come under the definition of “local authority’. “Thus, only municipal corporations etc. and such other bodies are covered by the definition of “local authority”. PSPCL does not exercise any kind of control, nor does it have any function in relation to the administration of a city, town or village and thus, it is not covered under the definition,” the bench said, while holding that no fundamental or statutory right of the children is violated by closing down the school.