New Delhi: The Supreme Court on Monday decided
to examine whether government can unilaterally increase the
number of seats in schools without creating adequate
A bench of justices P Sathasivam and AK Patnaik issued a
notice to Gujarat state after some parents challenged the
government`s decision to increase the existing seating
capacity in schools from 45 to 60 in all aided and un-aided
The Gujarat High Court had earlier dismissed the plea of
the petitioners on the ground that it was a policy decision
which cannot be challenged in courts.
Aggrieved, the parents filed a PIL in the apex court.
Senior counsel Raju Ramachanadran, appearing for the
petitioners, submitted the decision of the state smacked of
arbitrariness and ought to be quashed as it would cause
serious difficulties for both teachers and schools.
Ramachandran said increasing the seating capacity in the
classrooms without creating adequate infrastructure like
expanding the rooms and appointing more teachers would make
the classes unwieldy and unmanageable.
He pointed out that the classes would now be conducted in
a cramped atmosphere where the students would not get
sufficient attention from teachers but the children will have
very little leg space that could eventually affect their
physical and mental health.
Agreeing with the arguments, the apex court sought a
response of the government within four weeks.