Helping Human ( Ngo ) vs The State Of Bihar And Ors
2023 Latest Caselaw 1012 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.2213 of 2019
     ======================================================

Helping Human ( NGO ) having its local registered Office at-Abgila Devosthan, P.O.-Buniyad Ganj P.S.Mufassil Manpur, District Gaya through Ranjit Kumar, Resident of -Abgila Devisthan, P.O.-Buniyad Ganj P.S.- Mufassil Manpur, District Gaya

... ... Petitioner/s Versus

1. The State of Bihar Through Principal Secretary Education 4, Dashratan Marg, Patna, BIhar 800001

2. District Education Officer, Government of Bihar, Gaya Shiksha Bhawan, Gaya Bihar-823001

3. Regional Transport Officer, Gaya Collectorate, Collectorate CIR, Gaya Bihar 823001

4. National Commission For Protection of Child Right (NPCR), through Member Sh. Priyank Kanoongo, 5th Floor, Chandralok Building, 36 Janpath, New Delhi-11000

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kalyan Shankar, Advocate For the Respondent/s : Mr. Prabhat Ranjan Singh, AC to AAG-13 ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE)

Date : 16-03-2023

This writ application filed in the nature of public interest

litigation by a Non-Governmental Organization seeks issuance of

direction by this Court for safety and security of the school going

children.

2. Earlier, in the order dated 02.07.2019, this Court had

delineated following issues to be addressed in the beginning,

concerning safety of school going children: Patna High Court CWJC No.2213 of 2019 dt.16-03-2023

"(a) Whether the school building is in a proper condition and fit for holding classes or requires immediate attention and if that be so, the steps taken by the school management for its repairs.

(b) Whether the electricity connection, the wires and fittings are sound on its safety norms or require a change.

(c) The availability of drinking water within the school premises and whether its purity is being maintained.

(d) The facility provided by the each school for ensuring the safety of the school children in crossing the roads at dismissal time and whether there would be a requirement for construction of a foot over bridge.

(e) Whether there are police constables posted for ensuring safety of the children at assembly and dismissal hours of the respective schools.

(f) Whether the schools are duly fitted with fire extinguishers as well as CCTV surveillance Camera.

(g) Whether there are security arraignments to ensure that lumpen elements do not hover around the school premises disturbing not only the atmosphere of the school but also adversely affecting the security of the school children.

(h) Whether there has been a police verification of the staff employee, employed by the respective school on permanent basis or on contract.

(i) Whether the school buildings are kept free from inflammable and intoxicating items.

(j) Whether any training has been imparted to the staff and teachers of the school for securing the safety norms within the school during school hour as well as after dismissal of the school."

3. A supplementary counter affidavit has been filed on

behalf of the State wherein it has been stated inter alia that in the

light of this Court's order, reports were called for from all the

districts of the State, pursuant to which reports were received from

13 districts and from other districts, reports were awaited. It has

been further stated that the issues pointed out by this Court were

discussed in a meeting held on 26.09.2019 and necessary

directions were issued to the District Education Officers present in Patna High Court CWJC No.2213 of 2019 dt.16-03-2023

the meeting. It has also been stated that reports from other 20

districts were subsequently received.

4. In yet another supplementary counter affidavit filed

on behalf of respondent no.1, following statements have been

made in paragraphs 6 and 8:-

"6. That it is submitted that by order dated 02.07.2019 this Hon'ble Court had directed the Principal Secretary, Education Department, Bihar, Patna to apprise this Hon'ble Court with regard specific queries made therein after seeking a report from the Nodal Officer in all the district of the State of Bihar.

8. That it is submitted that pursuant to the repeated persuasions and efforts undertaken through correspondences and at the state level meetings, directing the district level authority/nodal officers to send reports, that by now reports from all the 38 districts of the State have been received."

5. Another supplementary counter affidavit was filed on

behalf of the State on 14.01.2020, which is based on composite

extract of the status report regarding Government and Government

aided Schools in all 38 districts of the State. It has been stated,

based on the said composite status report that as regards issue (a)

with regard to proper condition of school buildings fit for holding

classes, out of total 74861 Government and Government aided

Schools in all the 38 districts of State, only 78 schools have been

found to be lacking in not fulfilling the required conditions. It has

also been stated that in respect of the schools where the

deficiencies have been noticed, steps for repair/renovation and Patna High Court CWJC No.2213 of 2019 dt.16-03-2023

reconstruction is under consideration for which a Committee of

Experts would be constituted with the task to prepare an estimate

after physical verification of such schools so that further step

towards renovation of schools could be taken.

6. As regards issue (b) relating to electricity connection

under sound safety norms, deficiencies have been noticed at 14275

Government and Government aided Schools situated in such

remote areas, where proper electrification is still in process.

7. In respect of issue (c) relating to availability of

drinking water within the school premises, it has been stated that

as per the status report there are 12 Government and Government

aided Schools which have been found to be deficient in this regard.

It has been added at the same time that facility of drinking water

had earlier been provided at the schools, but with the passage of

time, in some of the schools where hand pumps had earlier been

functional, because of certain defects or due to depletion of

ground water level, the problems have arisen and after the same

came to the knowledge of the authorities, steps are being taken to

sort out the said deficiency.

8. As regards issue (d) on the point of facility of

ensuring safety of the school children in crossing the roads and Patna High Court CWJC No.2213 of 2019 dt.16-03-2023

whether there should be a requirement of construction of a foot

over-bridge, following statements have been made in paragraph 9:-

"9. ... as per the said status report particularly in case of government and government aided schools, at the present requirement of over bridge has not benefited as the schools which are situated at the roads side almost everywhere there is provision of speed breaker and teachers and staff of the concerned school remain cautious at the time of opening and closing of the school. Generally at all schools foot over bridge is not required, still the matter is further being enquired into and if need arises adequate steps in this regard would be taken."

9. As regards issue (e), it has been stated that there is no

policy of the State Government to deploy constables at all the

schools. Further, most of the schools out of 74861 Government

and Government aided Schools are situate in remote and interior

areas where there is usually no security problem and school

administration as well as the guardians are prompt in ensuring

safety of their wards.

10. As regards issue (f) in relation to fitting of the fire

extinguishers as well as CCTV surveillance camera at the schools,

it has been stated that fire extinguishers are unavailable only in

marginal number of Government and non-Government schools. It

has however been stated that fire extinguishers for such schools

shall be procured shortly. As regards installation of CCTV

cameras, it has been stated in paragraph 11 as under:- Patna High Court CWJC No.2213 of 2019 dt.16-03-2023

"11. ... So far the matter with respect to CCTV camera is concerned it is mentioned that it is undisputed that security of student is important concern and school would be highly benefited by installation of CCTV camera for ensuring the safety within the premises of the school but there is some difficulty in installation of it in a large number of schools which are presently not well fenced through proper boundary wall and there is no deployment of watchman/security guard for round the clock security and without resolving these issues installation of CCTV camera may raise another concern. In such circumstance prayer for providing adequate time is being made."

11. As regards security arrangements of schools as

noted in issue (g) it has been stated that teachers and staffs of the

school manage such affairs with the help of the members of

Shiksha Samiti and, if required, they get proper assistance from the

local police station of the concerned area.

12. Dealing with issue (h) regarding verification of staffs

and teachers of schools, it has been stated that so far as private

schools are concerned which are affiliated by CBSE and ICSE

Board, appointments of teachers and staffs are made after due

verification. It has, however, been stated that although police

verification of the school staffs have not been done, but the records

with respect to their identification and certificates remain with the

employer.

13. With regard to the issue of providing training to the

staff and teachers of the schools for securing security norms, it has

been stated that the Education Department, in association with the Patna High Court CWJC No.2213 of 2019 dt.16-03-2023

Bihar State Disaster Management Authority has been conducting

Mukhya Mantri Suraksha Karyakram wherein staff and teachers of

the Government and Government aided Schools have been trained.

There is a programme to train staffs and teachers of rest of the

schools and also for the staff of the private schools.

14. Mr. Kalyan Shankar, learned counsel appearing on

behalf of the petitioner, has raised two main concerns. He has

submitted that most of the schools do not have fire extinguishers

which is an essential requirement for proper safety of school

children. He has further submitted that the State has not duly

addressed the requirements of having foot over-bridges where the

school children are required to cross busy roads.

15. We have noted here-in-above the stand which the

State Government has taken in its counter affidavit as regards the

requirement of foot over-bridges. In our considered opinion, it

should be equal concern of the State authorities to consider and

examine as to what is best possible in the best interest of the safety

of the school going children. We, exercising power of writ

jurisdiction under Article 226 of the Constitution of India, do not

have the judicially determinable parameters to record as to which

are the schools which require foot over bridges. The final decision

in that regard can be taken by the executive only in the light of its Patna High Court CWJC No.2213 of 2019 dt.16-03-2023

policy decision, keeping safety of the school children always in

mind.

16. As regards fire extinguishers, there is statement

made in the counter affidavit that most of the schools have such

facility. We need not comment for the present on the correctness or

otherwise of the said statement. We deem it just and proper to

observe that let the Principal Secretary, Education Department,

Government of Bihar take all necessary steps to evaluate and take

decision as regards installation/ availability of fire extinguishers in

different schools in the State of Bihar.

17. Before we part with the present order, we take notice

of the averments made in paragraph 9 of the supplementary

counter affidavit filed on behalf of respondent no.1 on 19.11.2019

from which it appears that a three men committee comprising the

State Project Director, Director, Secondary Education and

Director, Primary Education has been constituted for analyzing

the reports received from all the districts in cases in which the

deficiencies were noticed. The committee was required to make

suggestions for corrective measures, particularly keeping in view

the habitat and location of the respective institutions. We hope that

what has been done so far by the State Government as noticed

above should be a continuous process to be regularly monitored by Patna High Court CWJC No.2213 of 2019 dt.16-03-2023

the Principal Secretary, Education Department, Government of

Bihar, keeping in view the School Safety Policy under the

National Disaster Management Guidelines issued in February,

2016.

18. It is evident from the affidavits filed on behalf of the

State Government itself that it has been found by the Committee

so constituted that buildings of some of the schools are in

dilapidated condition. It is expected that the Principal Secretary,

Education Department, Government of Bihar shall take a policy

decision to ensure regular maintenance of the school buildings in

the State of Bihar.

19. This application stands disposed of in terms of the

directions and observations as noted above.

(Chakradhari Sharan Singh, ACJ)

( Madhuresh Prasad, J) Sunil/-

AFR/NAFR                NAFR
CAV DATE
Uploading Date          20.03.2023
Transmission Date