Mumbai: Observing that an illegal school cannot be permitted, the Bombay High Court on Monday ordered that a primary school with 400 students in Shivaji Nagar, Govandi (West) be “immediately closed down.” “It should be sealed by the petitioner,” said Justices Girish Kulkarni and Arif Doctor. Abrahum Education Trust that has been running the Red Heart English School since 2019 challenged the M/East ward’s Feb 10 demolition notice. It has a commercial photo pass, electricity bill, and other documents to show the building was in existence since 1990. If the school is demolished in monsoon, “the education of the children shall be seriously affected consequently,” the trust pleaded.The judges said “very disturbing facts” of the case are that the school, which has admitted nearly 400 students, is conducted without permission from the state education department or BMC and in “rank unauthorised premises.” “There cannot be a more shocking state of affairs. An unauthorised school and that too in such illegal premises, cannot be countenanced. As to what would be the fate of the children who are receiving education in an illegal and non-recognised school, is another vital issue,” they added.They referred to the state’s affidavit which contended that primary education comes under the BMC. It stated that since 2019, several notices were issued by the BMC’s education officer asking the school to close down. “Despite this, with impunity, the petitioner appears to have continued the school,” the judges said. They were informed that when “action was being initiated against such illegal construction, a law and order situation was sought to be created.“The judges directed that an affidavit “of closing down the school as also to the effect that no admission of any student be made and intimation of the same be given to all students and the concerned authorities” shall be placed on record with appropriate photographs of the sealing. It shall be submitted to M/East ward within two days with a copy to Shivaji Nagar police station. BMC and police shall hand over all such material to HC at the next hearing on Thursday.The judges said in the event the affidavit is not presented, “we shall be constrained to pass further orders for forcible closing of the school with appropriate police protection to be granted.” Also, the court said, it shall be open to the trust to apply for necessary permission for operating the school after a lawful building is constructed. “The same shall be done after the aforesaid action is taken.”
