HC orders to shut a city school, functioning without permissions

Noting that the school was being run in an illegal building, the court also directed the Brihanmumbai Municipal Corporation (BMC) to take necessary steps and bring down the structure.

Mumbai: The Bombay high court recently directed the Maharashtra school education department to shut down a city school that was functioning without due permissions, while also asking for an explanation as to why it hadn’t taken any action against the school. Noting that the school was being run in an illegal building, the court also directed the Brihanmumbai Municipal Corporation (BMC) to take necessary steps and bring down the structure.

Mumbai, India - September 03, 2021: Bombay High Court at Fort, in Mumbai, India, on Friday, September 03, 2021. (Photo by Anshuman Poyrekar/Hindustan Times) (Anshuman Poyrekar/HT PHOTO)

The case dates back to February, when the BMC issued a notice to the school run by the Abrahum Education Society stating that the building where the school was operating from was unauthorised. Following this, the society filed a petition with the high court pleading to allow the school to continue its activities in the building since 400 students were already enrolled in various grades.

A division bench of justices GS Kulkarni and Arif Doctor observed that the school has been functioning without approvals from the state education department and that the school building, prima facie, appears to be illegal. When the school claimed that its applications for approvals were pending with the school education department, the court asked the school why it had enrolled students without the approvals.

The court directed the education officer concerned to inform the parents of the students about the school’s lack of requisite permissions and take appropriate steps to shut the school. It also asked the department to explain why no action was taken against the school for functioning without due approvals.

The court also asked the educational institute to submit necessary planning permissions, if any, for the building to the BMC. It directed the civic body to hear the arguments of the school before passing a reasoned order regarding demolition of the school building, and also granted liberty to take appropriate action to remove the structure if it was found to be constructed without necessary planning permissions.