Karthik.T | Sastra Deemed University Thanjavur | 4th July 2020
Ng. Komon Vs State Of Manipur
FACTS:
The facts of the case are the petitioner who is the chairman of a village called Komlathabai which was separated from the village of Liwachangning. There was a government school located in Komlathabai which was a part of Liwachangning village. The building of the school was broken due to a heavy storm in the monsoon season. So the petitioner approached the concerned authority who is responsible for constructing the building of the school but the concerned authority refused to construct the building as said that they are going to shift the school from Komlathabai to Liwachangning village. So the petitioner approached the court of law for quashing the said order of the chief executive officer.
ISSUES:
Whether shifting of school from Komlathabai to Liwachangning village will affect the fundamental right of Article 21A of the Indian Constitution.
PETITIONER CONTENTION:
The petitioner contended that shifting of the government school from the village of Komalathabai to the village Liwachangning will affect the right to education which is a fundamental right of every child under Article 21A of the Indian Constitution. And further contended that the village does not have a government school in case the school is shifted the right of education will be deprived of the children in the village.
RESPONDENT CONTENTION:
The respondent contended that the village in Komalathabai has many private schools so children will not be denied his right to education. And said that they have the authority to shift the school from one place to another according to the need of schools.
OBSERVATION:
The single judge passed an order that it was up to the executive authority where the school to be located based on the interest of the school-going children. The petitioner approached the high court and the court held that shifting of school to other villages would deprive school going children of the Komlathabi village of age 6 to 14 years of the fundamental rights to have free and compulsory education in the government school. This will be a violation of the right to education under Article 21-A of the constitution.
JUDGMENT:
The high court held that shifting of the school will be a violative of right to education according to Article 21-A of Indian Constitution and the court directed the applicant to approach concern authority of the government of Manipur by filing representation for providing free and compulsory education to the children of Komalathabai village
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