SC relaxes conditions set in 2009 over height of school buildings

New Delhi The Supreme Court on Wednesday ended the stipulation that nursery and elementary schools in the country must be of a maximum height of up to two floors in view of the 2016 building bye-laws approved by the Centre permitting construction beyond this height. The Central Board of Secondary Education had approached the top court seeking clarification of the stipulation introduced by the top court in its judgment of April 13, 2009 passed in a public interest litigation The Central Board of Secondary Education had approached the top court seeking clarification of the stipulation introduced by the top court in its judgment of April 13, 2009 passed in a public interest litigation filed by Avinash Mehrotra. A bench headed by justice Bhushan R Gavai said, “In a city like Mumbai, having a school with ground and two floors will not be reasonable.” Allowing the clarification sought by CBSE, the bench, also comprising justice Augustine George Masih said, “We find that the clauses 2 and 4 of paragraph 3.3 of our judgment should read as under: Nursery and elementary schools should be housed in buildings constructed as per the bye laws applicable in the concerned planning areas as per the local building bye-laws.” Clarifying the other clause in the order, the bench said, “The staircases, which act as exits or escape routes, shall adhere to provisions specified in the Model Building Bye Laws 2016 or as per the local bye laws applicable to where such schools are situated, to ensure quick evacuation of children.” Solicitor general Tushar Mehta, along with advocate Pankhuri Shrivastava, represented CBSE in the matter. In this regard, an affidavit was filed by the ministry of urban development pointing out that an entire chapter on “Fire Safety and Protection” is contained in the 2016 building bye-laws relating to educational facilities.