The Mumbai high court in an important judgment ruled that the government norm prohibiting a new school within five km of an existing one was not “sacrosanct”, but had to be decided on a case by case basis. The condition relating to restriction of grant of permission for opening a new school within five kilometres of an existing school is not mandatory in absolute terms as it has an in-built element of relaxation,” said the Mumbai High Court. The “five km rule” is spelled out in the secondary school code that governs the setting up and administration of educational institutions in Maharashtra. The judges held that the rule was more in the form of a guideline, rather than a law enacted by the government. The judges said that the objective would be to “discourage unhealthy competition” but at the same time “ensuring the implementation of its constitutional obligation to provide education and recognising the rights of children to free and compulsory education.
December 5, 2017
January 19, 2019