The Division Bench of the Orissa High Court, comprising Chief Justice S Muralidhar and Justice M S Raman in the case of Secretary, High Court Legal Services Committee v. Chief Secretary to Government of Odisha and Others has ordered the State Government to roll out a detailed and comprehensive plan of action for providing basic facilities in the primary schools at the earliest so that the benefit reaches all the children studying in these schools.
Reasoning and Decision of the Court
The Court perused the report submitted by the Legal Services Committee which pointed out that Basic amenity like potable drinking water, bench and desk, separate functional toilets for boys and girls, electricity, play ground are not available in the primary schools. The report pointed out lack of various fundamental facilities in the seven schools where the official of Legal Service committee visited.
Considering the importance of the matter, The Court expects the Commissioner-cum-Secretary to Government, SME Department, Smt. Aswathi S., to immediately examine the report of the AC, which in any event is only a representative sample of seven schools in Boudh district.
The Court also ordered The Commissioner cum-Secretary to immediately convene a meeting of the Collector, Boudh and the District Education Officer (DEO), Boudh and ensure that funds are immediately released for the repair, upgrade and upkeep of all the above seven schools and any other schools in Boudh district, which may require immediate attention.
The Court further directed that Commissioner-cum-Secretary to Government, SME Department to properly instruct the DEO to send her periodic reports on a weekly basis with photographs about the actual repair/ upgradation works undertaken in each of the schools. This entire exercise must be strictly monitored and a comprehensive report should be submitted before this Court with photographs before the next date.
The Court also hopes that in the recent budget that has been passed, funds have been allocated for the above purpose. It is essential that it is used for that purpose at the earliest so that the benefit reaches all the children studying in these schools.
The Court listed the matter on 27 April for next hearing and directed the Government that in the next phase of this matter, the Court would take up the issue of adequacy of staff and of enrolment of students.
Case Details
Case:- W.P.(C) No. 15395 of 2015
Petitioner:- Secretary, High Court Legal Services Committee
Respondent:- Chief Secretary to Government of Odisha and Others
Counsel for the Petitioner – Mr. Prafulla Kumar Rath
Counsel for the Respondent - Mr. D.R. Mohapatra
Judge: Chief Justice S Muralidhar and Justice M S Raman
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