Court Upholds Right to Education Act, Emphasizes Benefits of Co-Education
In a landmark judgment delivered on January 29, 2026, the Calcutta High Court has quashed the decision of the West Bengal Board of Secondary Education to withdraw the co-education system from Classes V to VIII at Sonamui Co-Education School. The ruling came in response to a writ petition filed by Swapan Kumar Manna and others, challenging the Board's orders dated September 2, 2004, July 15, 2014, and April 11, 2017, which aimed to discontinue co-education citing a decline in roll strength at a nearby girls' school.
The case was presided over by Justice Krishna Rao, who emphasized the importance of co-education in promoting equality and healthy interaction between boys and girls. The court highlighted that the withdrawal of co-education was not justifiable, given the facilities available at Sonamui Co-Education School and the preference of parents for the co-education system. The judgment underscored the essential role of co-education in fostering diversity, competition, and academic development, aligning with the principles enshrined in the Right to Education Act, 2009.
Justice Rao criticized the Board for failing to consider the advantages of the co-education system and the desires of parents and students. The court noted that the decision to withdraw co-education was based solely on the decline in roll strength at the girls' school, without valid reasons. The ruling emphasized that the presence of co-education schools in the locality should not be restricted, as they provide significant educational benefits.
The court's decision reaffirms the constitutional rights under Articles 14, 15, and 21A of the Indian Constitution, which advocate for equality in education and prohibit discrimination. The judgment draws on precedents set by the Supreme Court and other High Courts, reinforcing the notion that co-education contributes positively to the social and academic development of students.
The judgment is expected to have far-reaching implications for educational policies in the region, encouraging the adoption of co-education systems where possible and promoting equal opportunities for all students. The ruling serves as a reminder of the judiciary's role in upholding the right to education and ensuring that educational practices align with constitutional values.
Bottom Line:
Co-education system - Withdrawal of co-education system from Classes V to VIII by the Board on the ground of sharp decline in roll strength of nearby girls' school - Held, such withdrawal is not justifiable as the co-education school provides adequate facilities and the parents' preference for co-education remains.
Statutory provision(s): Right to Education Act, 2009; Articles 14, 15, and 21A of the Constitution of India.
Swapan Kumar Manna v. State of West Bengal, (Calcutta) : Law Finder Doc id # 2845365
