Observing that equality of educational opportunity is a constitutional guarantee and neighbourhood schools promote equality, dignity, and social integration among children, the Chhattisgarh High Court said the state must implement its educational policies without discriminatory gaps. It directed the government to start LKG classes in Swami Atmanand Excellent English Medium Schools across the state, including Bemetara district.Justice Amitendra Kishore Prasad was hearing a petition filed by 12 residents of Saja in Bemetara seeking admission for their children in LKG at Swami Atmanand Excellent English Medium Schools.“Equality of educational opportunity is a constitutional guarantee under Articles 14 (right to equality) and 21 (protection of life and personal liberty) of the Constitution of India. Being a Welfare State, the State is expected to frame and execute its policies uniformly across all districts so that benefits reach every section of society rather than being confined to a select few,” the court said on September 22.“Territorial discrimination in matters pertaining to foundational education cannot be permitted under the constitutional scheme… The benefit of such a Welfare Scheme cannot be denied to students of parents of a particular district or social class nor can access to basic education be restricted in a discriminatory manner,” the order added.The court said that children in one district cannot be denied a state-sponsored educational facility available elsewhere and ordered the authorities to complete the required infrastructure and admission arrangements within four weeks and place Bemetara students at par with children in other districts in accessing pre-primary English-medium education. Justice Amitendra Kishore Prasad said children in one district can’t be denied a state-sponsored educational facility available elsewhere.Policy can’t be ‘selectively’ implementedTaking note of official communications which showed that LKG classes could not be started because of lack of infrastructure and budgetary allocation, the court said that a welfare state is expected to implement its policies uniformly across districts so that their benefits reach every section of society.“Being a welfare state, the state government is expected to extend its beneficial educational facilities uniformly throughout all districts, ensuring that students of a specific region are not deprived of high-standard education provided from a policy formulated for the benefit of students statewide,” said the judge.Story continues below this adAlso Read | Calling husband ‘fatty shaped’, ‘black’ no reason for divorce: Chhattisgarh High CourtThe court noted that the state had taken a policy decision to provide quality English-medium education through Swami Atmanand schools throughout Chhattisgarh. Once that policy had been formulated, it ought to be implemented in its true letter and spirit, the judge added.“Both the State Government and the Union of India share a solemn responsibility to ensure non-discrimination in access to public education and to effectively implement the legislative mandate under the Right to Education framework. Furthermore, once the State Government formulates a policy to impart pre-primary education through its institutions, it cannot selectively deny the benefit to a particular region,” the court said.It added that the benefit of such a welfare scheme cannot be denied to students of parents of a particular district or social class, nor can access to basic education be restricted in a discriminatory manner. The high court also held that the petitioners were entitled to seek admission for their wards from the pre-primary stage in schools where the state had extended the facility.Children denied admissionThe dispute arose after LKG classes were not started in Bemetara, while the petitioners said admissions were being conducted in such schools in most other districts. They approached the court after their requests to the authorities did not result in commencement of admissions.Story continues below this adThe petitioners said they largely belonged to economically weaker and marginalised sections and wanted their children to receive quality English-medium education through the state’s scheme.According to their case, Swami Atmanand Excellent English Medium Schools were established under a state policy aimed at providing quality English-medium education to students from different socio-economic backgrounds. Admissions were being conducted from LKG to Class 12 in such schools in almost all districts, but LKG classes were not started in Bemetara.They relied on communications dated February 27 and 28, in which the authorities had cited lack of infrastructure and budgetary allocation for the failure to commence LKG classes, the order noted.‘LKG outside Article 21-A’Opposing the plea, the state argued that the demand could not be enforced under Article 21-A. Its counsel submitted that LKG is pre-school education and that Article 21-A and the Right of Children to Free and Compulsory Education Act, 2009, concerns free and compulsory elementary education for children aged six to 14 years.Story continues below this adThe state also argued that decisions on opening LKG classes depended on local necessity and feasibility and fell within the government’s policy and administrative discretion. It said such policy decisions should not ordinarily be interfered with unless they suffered from manifest arbitrariness.Allowing the petition, the high court directed the state government and concerned authorities to commence LKG classes throughout Chhattisgarh, specifically including Swami Atmanand Excellent English Medium School at Rajamohgaon in Saja block of Bemetara.