Mumbai, May 15: The Bombay High Court recently criticised the Government of Maharashtra for, on one hand, promoting the Marathi language while, on the other, issuing Government Resolutions (GRs) that could force the closure of hundreds of Marathi-medium schools across the state.
HC questions government resolutions
A bench of Justices Madhav Jamdar and Pravin Patil, sitting at the Kolhapur bench, observed that the GRs issued on April 1 and April 2 this year permanently disqualified several unaided primary and secondary schools from receiving grant-in-aid.
The court noted that the move would affect over 433 primary schools and 324 secondary schools in the state, most of them Marathi-medium institutions located in rural areas.
“The State Government at one hand is insisting that Marathi language should be given importance in the entire State and on the other hand, by said action, trying to close down Marathi schools,” the bench said in its April 29 order.
The judges added that students from poor families studying in Marathi-medium and other regional-medium schools could not be deprived of primary and secondary education being provided through these institutions.
Court cites impact on rural students
The bench pointed out that the State had failed to consider several crucial factors before taking such a “drastic” decision. These included whether the schools could realistically be converted into self-financed institutions under the Maharashtra Self-Financed Schools Act, 2012, whether teaching and non-teaching staff could be absorbed elsewhere, and whether students in rural and remote areas could be accommodated in nearby schools.
The court also questioned whether students would be able to continue education in the same medium in other institutions.
“However, these facts are totally ignored by the State Government while taking this decision,” the bench observed, adding that it was “absolutely necessary” for the government to grant an individual hearing to each school before taking action.
HC grants relief to affected schools
The court was hearing a batch of petitions filed by affected schools, including two Urdu-medium institutions, challenging the two GRs. Under the resolutions, schools were directed to apply under the Self-Financed Schools Act before April 30, failing which their recognition would automatically stand cancelled.
The petitioners argued that the State had taken the decision without giving them an opportunity to be heard, thereby violating principles of natural justice.
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Accepting the contention, the bench held that the GRs could not apply to the petitioners. It directed the government to delete the names of the petitioner schools from the list attached to the GRs and allowed them to continue functioning without any coercive action.
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