On Monday, a Public Interest Litigation (PIL) was heard by the Delhi High Court regarding the protection of students’ interests in schools located on public land that have been mortgaged and may be auctioned by banks over non-payment of loans. The PIL urged the court to protect the fundamental right to education guaranteed to over 900 students enrolled at Laxmi Public School at Karkardooma in East Delhi, as well as others who are studying in such institutions whose land has been mortgaged and may be sealed or auctioned in the future for non-payment of loans.
The petition was filed by the NGO Justice for All, through advocates Khagesh B Jha and Shikha Sharma Bagga. They also sought the court’s directions for an enquiry into how the leasehold land of Laxmi Public School has been mortgaged and financial stability of societies seeking allotment of public land for charitable or institutional purposes.
Standing counsel Santosh Kumar Tripathi and advocate Arun Panwar, appearing for the Delhi government, said that the land parcel belonged to the government and was given to Laxmi Educational Society under the Government Grants Act for the purpose of running a school, and the society could not have dealt with it further under the Transfer of Property Act. Tripathi submitted that this land was never available to the bank as any other land to be purchased from any institution.
The counsel representing the school and the society opposed the petition, claiming it was a publicity stunt and the petitioner has filed the plea without any basis or material and added that it should be dismissed with costs.
The petition also raised concerns about the commercialization of education, where institutions have first obtained land at throwaway prices and then taken loans from banks to create five-star facilities. It further stated that these institutions mortgaged the land risking the education of children.
The court reserved its order on the petition and said, “We will pass appropriate orders. Arguments heard and order reserved.” The outcome of this case will have significant implications for the protection of students’ interests in schools located on public land that have been mortgaged.