The Karnataka High Court has held that harsh punishment like withdrawal of recognition to a school cannot be imposed citing a road accident that occurred during an educational excursion conducted without permission from the authorities and not using State-owned public transport.
“Section 39 of the Karnataka Education Act, which empowers the government to withdraw recognition, by any stretch of imagination cannot be interpreted or stretched to such an extent that it would encompass such untoward incidents occurred outside the school premises,” the court said while making it clear that recognition could be withdrawn for specific deficiencies in maintaining standard of education, infrastructure, etc. as per the Act.
Justice R. Devdas passed the order while allowing a petition filed by Poornaprajna Education Centre, Bhadravati, which had questioned the May 13, 2019 order of withdrawal of recognition passed by the Deputy Director (Administration), Department of Public Instruction, Shivamogga.
A tenth class student died and 22 others were injured when one of the two private bus in which students and teachers were travelling overturned in N.R. Pura police station limits in Chikkamagalur district in November 2018.
The educational authorities had said that the tour was conducted without prior permission and private buses were used contrary to the January 27, 2011 circular, which advised the use of State-owned public buses for school tours and avoiding private buses.
‘Deliberate attempt’
“An unfortunate road accident has been held against the petitioner-institution and a deliberate attempt is being made to punish the school authorities by withdrawing the recognition granted,” the High Court said.
The court noticed that the school and its management had so far spent ₹22 lakh towards medical expenses of children, besides cooperating and assisting the parents before the Motor Accident Claims Tribunal for securing compensation as per the law.
Also, the court observed that, “On the whole, it seems that the authorities are carried away by public opinion and vested interests making wild allegations against the petitioner-institution” without considering the institution’s explanations given to all the notices issued by the authorities.
One of the students of the school, which is well recognised in Bhadravati, was a State topper in the SSLC exam of 2016 by securing 100% marks.