DB directs to file a comprehensive status report indicating progress and completion of infrastructure facilities
Jammu), February-04-2023: In a Public Interest Litigation (PIL) filed by All Jammu, Kashmir & Ladakh Teachers Federation seeking direction to state for framing policy for maintaining student-teacher ratio in the schools without any discrimination and implement the same in true letter and spirit, A Division Bench of Jammu & Kashmir and Ladakh High Court Comprising Chief Justice (A) Tashi Rabtsan and Justice Moksha Khajuria directed Additional Advocate General to file a comprehensive status report indicating progress and completion of infrastructure facilities.
When the PIL came-up for hearing, DB observed that On 15.02.2021, respondent No. 1 was directed to file a report with respect to status of all the projects as the status report filed on 13.05.2019 did not disclose as to whether the said projects have been completed or not. Pursuant to order dated 15.02.2021, respondent no.1 has filed a status report dated 07.11.2021 wherein information of the projects vis-a-vis the completion and pendency w.e.f. 2018 onwards to till date has been given in a tabulated form.
DB after perusal of the report observed that it would reveal that number of works approved under AWP&B for the financial year 2018-19 under Samagra Shiksha were 1955, out of which only 821 have been completed and 236 are shown to be in progress. There is no mention made about the remaining 898 projects of the year 2018-19 in the status report. Insofar as number of works sanctioned for the financial year 2019-20 are concerned, the report reflects that 3723 works had been sanctioned and only 80 works were completed while as 876 works are in progress. Therefore, 2767 works are not being talked about for the year 2019-20. Similarly, number of works approved under AWP&B for the financial year 2020-21 under Samagra Shiksha were, 638 works, and for 140 works tender process has been initiated. Therefore, there are 498 works pending from amongst the approved works under AWP&B for the years 2020-21. Hence, no mention is made in the status report with regard to 4163 pending works w.e.f 2018 onwards till 2021. On 22.02.2022, it was observed by this Court that though various projects have been sanctioned but only limited projects have been completed and only some are in progress. Accordingly, respondents were granted some more time to produce a better status report bringing on record the entire policy and the need of educational institutions in the Union Territory as also the existing students teachers ratio in both the urban and rural areas. Besides this, they were also directed to inform about the Education Policy as well as number of schools (Elementary, High Schools and the Secondary Schools) which are required in the Union Territory and as to how many of them exist presently with all necessary infrastructures.
In compliance to order dated 22.02.2022, respondents have filed the latest status report wherein it is specified that the students-teachers ratio as well as the requirement of schools as per RTE Act 2009, but they have not mentioned any time frame for completion of the remaining projects.
DB observed that be that as it may, the Government is under obligation to provide basic infrastructure facilities like toilet facility, drinking Water, good ventilated class rooms, appointment of teachers and all other facilities so that children can study in a clean and healthy environment. Hon’ble the Supreme Court in Writ petition (Civil) No. 631 of 2004 titled as Environment & Consumer protection Foundation v. Delhi Administration and ors decided on 03.10.2012 has held as under: We are, inclined to dispose of this Writ Petition with a direction to all the States to give effect to the various directions already given by this Court like providing toilet facilities for boys and girls, drinking water facilities, sufficient class rooms, appointment of teaching and non-teaching staff etc., if not already provided, within six months from today. We make it clear that these directions are applicable to all the schools, whether State owned or privately owned, aided or unaided, minority or non- minority. As the writ petition is disposed of, no orders are required to be passed on applications for intervention and impleadment and the same are disposed of.
Upon this DB directed AAG Raman Sharma to file a comprehensive status report indicating progress and completion of infrastructure facilities. JNF