IN THE HIGH COURT OF DELHI AT NEW DELHI
CIVIL WRIT PETITION NO. 3507 OF 2000
IN THE MATTER OF:
Social Jurist .Petitioner
Versus
Union of India and Others ..Respondents
AFFIDAVIT OF INDIRA YADAV, DIRECTOR (EDUCATION), MCD IN COMPLIANCE WITH ORDERS OF THIS HONBLE COURT DATED 28/2/2007
I, Indira Yadav, the Deponent herein do solemnly affirm and state as hereunder:-
That presently I am posted as Director (Education), MCD and as such am well conversant with the facts and circumstances of this case and duly authorized and competent to depose the instant affidavit.
That the Respondent MCD has initiated several systematic changes in compliance with the directions of this Honble Court to improve the conditions prevalent in the schools being run by it and filed compliance affidavits in respect of the same before this Honble Court. It is respectfully submitted that the Respondent is duty bound to improve the state of infrastructure in the schools and to make available all basic amenities essential for creating a healthy environment conducive for imparting education to all the students studying therein.
The under section 42(r) of the DMC Act 1957 establishment and maintenance of schools for primary education is an obligatory function of the Respondent. In due discharge of its obligatory responsibilities the Respondent runs 1810 primary schools at 1291 sites all over Delhi with schools at 519 sites operating on double shift basis. In addition the Respondent Corporation also runs 33 independent nursery schools and 1324 nursery sections. The schools run by the Respondent Corporation are functioning in 1137 authorized colonies, 77 unauthorised colonies and 77 unauthorized-regularized colonies. The total number of students studying in these schools in 2006 was 9,55,391 which figure stood at 9,29,796 in 2005 and 9,46,987 in 2004. The admissions in schools being run by the Respondent Corporation are open to all and the schools cater pre-dominantly to the most socially underprivileged sections of the society.
That the Respondent MCD conscious of its statutory and social responsibility has complied with all the directions of this Honble Court in letter and spirit and also translated all positive suggestions of the Petitioner into action. Pursuant to the orders passed by this Court on 28/02/07 a meeting of all senior officers was convened by the Commissioner on 9/3/07 to review the progress of the steps being taken for augmentation of infrastructure in the schools. A copy of the minutes of the said meeting is annexed herewith as Annexure-1.
That the status cum progress of the work done/being undertaken by the Respondent Corporation so far is summarized as hereunder:
Funds for day-to-day repair and maintenance and housekeeping activities in schools:
It is respectfully submitted that deterioration of consumable items and repairs and maintenance is a recurring phenomena in all schools. From the year 2006 an amount of Rs.50,000/- has been placed at the disposal of principals of all schools for carrying out day to day repairs and maintenance in the schools. The scope of activities envisaged for spending this amount has been clearly identified and strict instructions have been issued to all Principals that they shall be personally held liable and proceeded departmentally in case their schools are found wanting in upkeep of the facilities. Copy of office orders issued in this respect are collectively annexed herewith as Annexure 2.
Status-Cum-Progress of Schools under construction / Schools operating in tents:
It is respectfully submitted that it has been the constant endeavour of the respondent Corporation to ensure that all schools being run by it operate from permanent buildings. In some of the schools some classes are being held in tents only where construction of new buildings is underway or where there has been a sudden increase in the number of students or where repair/maintenance or renovation of existing buildings is being done. It is submitted that such an arrangement is only a temporary measure to meet the exigencies of the situation. The details of the schools sites where tents have been pitched due to one reason or the other are annexed herewith as Annexure 3. The only exclusively tented site is at Primary School Prem Nagar, Narela Zone. The details of the progress of work and likely dates of completion of the same at various sites is annexed herewith as Annexure 4.
In respect of tents being torn and not being replaced timely strict instructions have been issued to all Principals to report such wear and tear in writing to the Zonal DEO and the contractor concerned and secure its replacement as soon as possible. A copy of the circular issued in this regard is annexed herewith as Annexure 5. It has further been observed that tents are torn because children keep on playing/hanging with the kanaats of these tents and therefore it is proposed to ultimately do away with the tents and use pre-fabricated structures wherever tents are required as a temporary measure.
c) Availability of drinking water:
It is respectfully submitted that all municipal schools have arrangement of drinking water. The Delhi Jal Board water supply is available at 1246 sites out of 1291. In the remaining 45 schools water tankers of Delhi Jal Board supply the drinking water. Sintex tanks are available for storage of drinking water in all the schools. Unavailability of water in schools at times is due to low water pressure, erratic water supply or failure of the water tankers to supply water to the schools. In this respect the Commissioner, MCD has discussed the matter the CEO, Delhi Jal Board and requested that appropriate steps may be taken to ensure that water tankers intended for schools are not diverted and reach the schools on time. Necessary instructions have also been issued to all the Principals/Headmasters to make all efforts to ensure that the water tanks are filled up before the commencement of the school.
d) Status of toilet seats in various schools:
It is respectfully submitted that toilets are available at all school sites though it has not been possible to augment the toilet facilities in some schools where the number of children has multiplied in the past. Keeping in mind the requirement / number of children a requisition of 3719 additional toilet seats was sent by the Education Department to Engineering Department on 08.09.2006. In addition to it further assessment has been made that there is a need for 4169 additional toilet seats in different municipal schools. Details of the same have been forwarded to the Engineering department vide letter dated 14/3/07. Directions have been issued to the Engineering department by the Commissioner to ensure that this work is undertaken on a war footing and till such time permanent toilets are in place temporary facilities in the form of mobile toilets etc. are made available to the schools. Copies of letters dated 8/9/06 and 14/3/2007 are collectively annexed herewith as Annexure 6.
e) Housekeeping/sanitation facilities in schools:
The reports in respect of lack of cleanliness in schools are essentially due to the large number of students and insufficient number of safai karamcharis. In this respect directions have been issued by the Commissioner sanctioning upto three safai karamcharis in place of one whatever required.
f) Overcrowded schools/shortage of rooms:
As the municipal schools follow the National Policy of Universal Enrolment of Children it has been found that in several schools the strain on resources is essentially because the number of students studying therein are much more than the number of students for which the schools were originally planned. List of such overcrowded schools is annexed herewith as Annexure 7. Most of these schools are located mainly in unauthorised colonies or unauthorized regularized colonies. In some schools where space is available for constructing more rooms requisitions have been sent to the Engineering Department. However several overcrowded schools where no further construction can take place can be decongested only if more land in the vicinity is made available for construction of new buildings. The matter has been taken up with land owning agencies in Delhi for allotment of land for MCD Schools.
g) Direct Recruitment to Posts of Principals in Primary Schools:
At present the recruitment of the principals is made by promotion of teachers on seniority cum fitness in accordance with the existing recruitment rules. In compliance with the Directions of this Court in order to improve the quality of the supervisory staff it has been proposed that henceforth 25% of posts of principals shall be filled up by direct recruitment. In this respect it is stated that the change in RRs has been approved by the Corporation vide its Resolution No. 624 dated 8.01.07. The Central Establishment Department of MCD shall be sending the same for notification to the Delhi Govt. within one month.
h) Status on desks, blackboards and other teaching aids in schools:
Desks have been provided in schools running at 1027 sites. Schools running at 264 sites are using jute mats in place of Desks. There is a need for about 67,000 more dual desks to replace the jute mats. Since the supplies received this year from the contractor were rejected due to failure to meet BIS standards the replacement of these mats with desks could not be done. Black Boards and teaching aids are available in all schools running at 1291 school sites. In addition facilities of computers are available in 1381 schools.
Constitution of Public Grievance Committee:
It is respectfully submitted that in order to speedily address all grievances regarding infrastructure/facilities in the schools being operated by the department and also to monitor the progress of the developmental works being undertaken for improvement of infrastructure therein the department has institutionalized a monitoring mechanism in the form of Public Grievance Committee. The constitution, composition and the rules of business of the same have been widely publicized by the department through circulation of pamphlets in compliance with the orders of this Court dated 11.10.2006. Copies of directions issued in this regard are collectively annexed herewith as Annexure 8.
j) Status on Report Cards:
It is submitted that Report cards are being used by all schools.
k) Augmentation of supervision/infrastructure audit:
Directions have been issued to all Deputy Commissioners and DEOs to regularly visit their schools and remedy the deficiencies therein. Two school inspectors have been placed under suspension and warnings have been issued to 5 principals and 4 other officials. Departmental Action is being initiated against DEO Narela Zone for dereliction of duty. In order to plan future interventions and hold the Principals accountable and responsible for the upkeep of the schools, a standardized format for conducting an infrastructure audit focusing on the status of physical infrastructure, academic infrastructure, human resource and repair and maintenance work has been conducted. The sample form used for the said purpose is annexed herewith as Annexure 9.
l) Action Taken Report in respect of Schools at Prem Nagar, Kirari and Nithari:
In compliance of this Honble Courts direction of 28/2/2007 the Additional Commissioner (Edn. & S. &JJ), Director (PE), Addl. Director (PE I), Chief Engineer (S), SE (S), SE (Narela) and SE (YAP) visited the aforementioned three schools on 28/2/2007. The Commissioner along with other concerned officers visited these schools on 6/3/07. The observations and directions given in respect of the said schools are annexed herewith collectively as Annexure 10.
It is respectfully submitted that with over 1800 schools and almost 10 lakh students coming from the most socially underprivileged sections of the society day to day repair and maintenance and wear and tear of infrastructure/consumable items in the schools is a recurring and temporary phenomena. Admittedly there will always be scope for improvement in all spheres at all times and therefore the Respondent Corporation is committed to institutionalizing an effective administrative and supervisory system which detects and rectifies all deficiencies and fixes accountability and responsibility for the same. In a system consisting of over 33,000 employees individual aberrations cannot be ruled out. But presence of the same cannot be extrapolated or generalized to imply the existence of a deficient or ineffective system as contended by the Petitioner. It is submitted that the strictest possible action against delinquent officials besides remedial measures for removing the aberrations is always taken and shall be taken promptly as and when they come to or are brought to the Notice of the Department.
It is further submitted that to obviate the necessity of moving this Honble Court each time a window pane brakes in a school or a tent gets torn. Public Grievance Committees have been constituted at the Zonal Levels under the directions of this Honble Court. All individual/specific complaints regarding infrastructure and maintenance problems in schools can be effectively remedied and their progress monitored provided the said complaints are made to the said Committees and they are given a chance to address them and fix responsibility for lapses, if any. In case the said Committee fails to redress such specific grievances it would always be open for the aggrieved party to move the Honble Court and seek redressal for the same.
In view of the aforesaid submissions it is respectfully submitted that the Respondent Corporation is sensitive and committed to its statutory and social responsibility of augmenting and improving infrastructure in all its schools to provide a safe and healthy environment for imparting quality education.
DEPONENT
VERIFICATION:-
Verified at New Delhi on this day of March 2007 that the contents of the aforesaid affidavit are true and correct and the same have been derived from the records maintained by Corporation.
DEPONENT: