Himachal Pradesh High Court orders at least 20 separate toilets each for girls and boys at merged Bharmour school

The petitioner challenged a Department of School Education notification dated 18 February 2026 merging Government Girls Senior Secondary School, Bharmour, with the nearby co-educational Government Senior Secondary School, Bharmour, and sought to preserve the girls’ school as a separate institution.

He argued that the merger would compromise girls’ safety and discourage their enrolment, noting that approximately 200 girls attended the girls’ school.

The State defended the merger as promoting an inclusive environment and enabling more efficient use of staff and resources; the existing co-educational school had 67 girl students and was approximately 10 metres from the girls’ school.

Whether the notification merging the girls’ school into the co-educational school was arbitrary or unlawful, particularly on the ground that it would compromise girls’ safety or deter their education.

Whether directions were required to ensure adequate separate toilet and related menstrual-hygiene facilities for students and staff following the merger.

The Court considered whether the impugned administrative decision involved arbitrariness or illegality and whether the asserted safety concern justified setting it aside; it held that co-education, by itself, does not compromise girls’ safety and may promote equality and mutual respect.

It also relied on Dr. Jaya Thakur v. Government of India and Others, 2026 SCC OnLine SC 133, whose directions require schools to provide functional, gender-segregated toilets with water and handwashing facilities, menstrual absorbents and management facilities, safe sanitary-waste disposal, and relevant awareness and training.

The Court found that the merger would create one institution with the infrastructure of both schools and the full cadre strength of teaching and non-teaching staff; the combined school would have approximately 250 girls, including the 67 already enrolled in the co-educational school.

It rejected the contention that co-education necessarily endangered girls or would deter their education, reasoning that safety can be ensured in a co-educational institution and that such an environment can foster equality and mutual respect.

However, it accepted the need for adequate separate facilities and directed the Department to provide them consistently with Dr. Jaya Thakur.

It directed the Education Department to ensure at least 20 separate toilets for girl students and 20 for boy students, located a decent distance apart, and at least five exclusive toilets each for female and male teaching and non-teaching staff.

It further directed compliance, in letter and spirit, with the Supreme Court’s directions in Dr. Jaya Thakur.

The writ petition was disposed of without setting aside the notification.