Bombay HC Restrains Police Action Against Slum School in Mankhurd

The Bombay High Court has restrained the police from taking coercive steps against an unauthorised primary school in Mandala, Mankhurd, which caters to children living in slums. The school is among 36 such educational institutions against which a First Information Report (FIR) had been registered.

Passing an interim order on August 21, Justice Milind Jadhav observed that an arguable case had been established, particularly since the current academic year had already commenced.

Justice Jadhav stated that it would be a travesty of justice if the school were abruptly shut down due to prosecution proceedings and its students were forced to seek accommodation elsewhere.

The relief came on a petition filed by the office-bearers of Educare English School seeking the quashing of the criminal case. The institution has been operated by a trust since the 2015-16 academic year to serve the educational needs of local slum children in the Mankhurd area.

According to the petition, the Brihanmumbai Municipal Corporation (BMC) had issued the school a certificate in October 2017 after it was mapped on the Union Ministry of Education's Unified District Information System for Education (UDISE) platform. The school administration had also submitted multiple applications over time seeking formal recognition.

Despite these efforts, the BMC’s education inspector issued a show-cause notice on March 2 directing the closure of the institution. Following the notice, an FIR was registered on June 24 under Section 223 (disobedience to order duly promulgated by public servant) of the Bharatiya Nyaya Sanhita (BNS) and Section 18 of the Right to Education (RTE) Act, which mandates that no school shall be established or function without obtaining a certificate of recognition.

Taking note of the circumstances and the impact on enrolled pupils, the high court granted interim protection against coercive action while the petition challenging the FIR remains pending.