Social Jurist, A Lawyers Group vs Government Of N.C.T. Of Delhi And ...
2003 Latest Caselaw 938 Del

ORDER

1. It is a very sorry state of affairs that in the capital of the country, despite the petition being filed by a citizen, required actions have not been taken up by any of the authorities and school children are required to sit either under tin-sheds or in open for the purpose of education.

2. So far as the Director of Education is concerned, it is pointed out that there are in all 11000 schools which are operating in 633 sites in two shifts. 357 schools have puce buildings while 251 schools are running in semi puce buildings. 21 schools are running in tin-sheds on the ground that the lands are not made available to the Government or there is a dispute. It is required to be noted that in the city, there are many private schools and it is on account of this, the burden of the Government or the MCD is reduced a lot. Articles 41, 45 and 46 of the Constitution of India are required to be reproduced at this juncture.

Article 41: "Right to work, to education and to public assistance in certain cases--The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance incases of unemployment, oldage, sickness and disablement, and in other cases of undeserved want."

Article 45 : "Provision far free and compulsory education for children--The State shall endeavor to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years."

Article 46 : Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections--The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation."

3. Court has to interpret so as to advance the provisions made in the Constitution. If the children who are attending the schools are not provided a good class-room with sitting arrangements or a playground, it would not be possible for the students to get proper education. Other facilities such as sanitation and pure water are also required to be provided by the school authorities. In absence of adequate facilities, if the children are sent to the schools, it means torture on them. They are not expected to do any hard work at this age. But they are expected to be trained with love and affection and by providing necessary infrastructure so that they can have love and affection for the School/Institute and they attend the school regularly and drops out are minimised. It is for this reason the Government should provide adequate facilities. Government may have an idea to provide a school in open, but it should be like a 'Shanti Niketan'. It is not proper to say that because the buildings are not available, they will ask to sit in the lawns or a tree. But there must be a proper atmosphere.

4. It is stated at the bar on behalf of the Director of Education that 49 sites have been allotted, possession of which have been taken. In this year 22 sites have been taken in possession. About 800-1000 students will be accommodated in two shifts in one building. PWD, as reported, is a responsible agency for carrying out the construction activities. Today, the Counsel for the PWD has not chosen to remain present before the Court. However, one Mr. M.C.T. Pareva, SE/PWD is present in Court on behalf of the PWD. The grievance made by the Govt. of NCT of Delhi is that it is for the PWD to see that the buildings are erected in time. Therefore, so far as the Director of Education, Govt. of NCT of Delhi is concerned, we direct that Director of Education as well as the Chief Engineer/PWD shall file an affidavit before this Court, to the effect that within a period of five months from today, they shall see that all school buildings which are under the Director of Education are properly given to the children with all necessary infrastructure, which is required in a good school. We may note that there is no grievance about shortage of funds. Had it been so, we would have requested the Finance Secretary to assist these departments. Undertaking as stated above, to be filed within a period of one week from today.

5. So far as the Municipal Corporation of Delhi (MCD) is concerned, there is a report known as 'Primary Schools of Municipal Corporation of Delhi--Evaluation Report' submitted in the month of July, 2001 by Evaluation Unit, Government of NCT of Delhi. 26 officers examined the matter in details and have submitted the report, which runs into 84pages. Report gives almost all the details. From the report, it appears that there are 1275 school sites having 1802 schools in 12 zones (in July, 2000), for the purpose of evaluation study, 636 school sites were selected, where 937 schools were operating. For infrastructure and facilities, it is in indicated that there were shortage of 1055 class rooms as informed by the in charge of the schools. This makes it clear that there is no adequate provision made for school children.

6. There were 25 fully tinned schools with 251 class rooms and 28 partly tin-sheded schools with 179 class-rooms. Most of them are in Rohini Zone. About cleanlines, a shabby picture is indicated. About non-availability of drinking water, it is pointed out that in 43 schools, there were no facilities for drinking water and in 207 schools, water supply was not sufficient. About toilet facilities also, it is pointed out that many schools are not provided with facilities. 16 schools did not have toilet blocks. 318 schools were having toilets without water arrangements. 263 schools required cleanlines and in 231 schools, separate tanks were chalked. 113 schools were not having separate toilet blocks for girl students. There are many other deficiencies such as electricity, entrance/main gates, chowked septic tanks cleaning, repairs and maintenance of electricity works, provision of water tankers, etc. etc. Regarding repairs and maintenance, it was pointed out that 34.28% schools need repairs of roof, 28.3% need repair of walls, 25.62% need repair of floors, 47.96% need repair of windows/doors. 47.94% need repairs of toilet blocks. 28.8% need repair of entrance gate. 37.5% need repairs of boundary wall. Thus, it is very clear that evaluation report indicates about the examination of 50% of the schools and in those schools, poor picture is indicated. We can just imagine the position in other schools. It is stated by Mr. Vinay Sabharwal, Counsel appearing for the MCD that thereafter, progress reports have been filed from time-to-time. However, admittedly much is required to be done. It is interested to note that affidavit is filed by the Municipal Commissioner on 17.1.2003. Along with the affidavit, there is a communication dated 20.12.2002. In all, 15 shortfalls were indicated in the said letter, some of which, we have referred hereinabove. Joint inspection was requested by the Zonal Superintendent Engineer and Zonal DEO/AEO.

7. It is stated that after joint inspection, instructions were to be given for ensuring that within four weeks, deficiencies would be removed. A certificate to this effect was to be obtained and after getting the reports from all the zones, the High Court was to be apprised about this. We are in September, 2003 and as on date, we have no reports thereafter as to what has happened. It may be noted that as per the said letter, basic amenities such as drinking water, electricity, toilet and sanitation were not available and request was made that such facilities should be provided wherever required and reports were required to be submitted. Proformas have been annexed with the said letter, the copy of which is not produced here. Under the circumstances, it is absolutely necessary to direct the Municipal Commissioner to file an affidavit and report that all the repairs as indicated in the report, as well as in his letter shall be carried out, within a period of five months. In view of the letter, it is very clear that there is no paucity of funds and no grievance has been made before the Court about the same.

8. It is directed that Delhi Jal Board shall see that whereever it is necessary, pipes are laid for supply of water. It will be for the Municipal Commissioner as well as for the Director of Education to intimate within a period of 15 days to the Delhi Jal Board for laying the pipelines for adequate water/alternate mode of water supply. The Delhi Jal Board shall take prompt action and shall see that within a period of five months, all the said facilities be made available, so that students are not required to face shortage of water. It goes without saying as suggested by the Counsel appearing for the Delhi Jal Board, that it will be for the respondent to provide water facilities so as to see that there is no question of shortage of water,

9. In view of above, we direct that the Director of Education as well as the Municipal Commissioner, MCD shall obtain reports from the Principals of all the schools after the execution of necessary work informing in writing to the effect that no shortfalls are there and necessary repairs have been carried out, Such report shall be called for after the repairs are carried out and proper infrastructure is provided. In all the schools, necessary facilities will also be provided for the children with disabilities.

10. For carrying out the orders, we direct the constitution of the Committee of the following persons:

1. Secretary Education,

2. Municipal Commissioner, MCD,

3. Chief Engineer PWD.

4. CEO, Delhi Jal Board,

5. Director of Education, Govt. of NCT of Delhi.

It will be the responsibility of these five officers to see that appropriate actions are taken so that the petitioners are not required to make a grievance and children are in good atmosphere to take education. Copy of the report after five months to be filed in the Court under a copy to the Counsel for the petitioner.

11. After the report is filed, the matter shall be listed before the Court. List the matter on 4th February, 2004. Direct Service (dusty) permitted.