NOTE ON COURT PROCEEDINGS DATED 22.09.2006
A Division Bench of Delhi High Court comprising Justice Vijender Jain, ACJ and Justice Kailash Gambhir today asked the MCD to explain by 11.10.2006 as to why the children were asked to study in dangerous classrooms and corridor and what alternative suitable arrangements have been made for these children. Mr. Ashok Agarwal argued that the MCD authorities are totally heartless and are unconcerned about the educational and safety needs of the children studying in their schools. Petition is pasted as under.
Ashok Agarwal
M-9811101923
22.09.2006
IN THE HIGH COURT OF DELHI AT NEW DELHI
C. M. NO. 11829 OF 2006
IN
W. P. (C) NO. 3507 OF 2000
IN THE MATTER OF:
SOCIAL JURIST
A CIVIL RIGHTS GROUP PETITIONER
VERSUS
UNION OF INDIA & ORS. RESPONDENTS
APPLICATION ON BEHALF OF THE PETITIONER UNDER SECTION 151 CPC FOR DIRECTIONS
MOST RESPECTFULLY SHOWETH :
1. The petitioner by the above PIL has highlighted the facts that the schools run by Government of Delhi and MCD are lacking in basic facilities, which are very necessary for realization of right to education as guaranteed under the Constitution of India. It is submitted that about 11 lakh students are studying in 918 Government schools and more than 10 lakh are studying in 1800+ MCD run Primary Schools in Delhi. It is also submitted that the children studying in these Government and Municipal schools belong to under privileged sections of society.
2. The petitioner submits that on Saturday, 16.09.2006, Mr. Ashok Agarwal, Advocate and Convenor of RETF and Mr. B. P. Pandey, Nodal Officer, UEE Mission, Delhi Government, visited MCD Primary School, Mukundpur, near Burari, Delhi and observed as under:-
3. It is submitted that this is the only primary school in the entire area of Mukundpur having population of 2.5 lakhs. It runs in two shifts. In the morning shift there are 1,293 girl students and in the afternoon shift there are 1,100 boy students. In the morning shift, there are 16 sections with 16 teachers besides one Principal. There are 10 rooms, one room is used as Principals room, four rooms though have been declared dangerous about three years back by the Engineering Department, MCD, one is used for storing material and the rest of the eight rooms are used as classrooms. In other words, these eight classrooms including three dangerously declared classrooms are used to hold classes. 130 students of class 3 were found sitting in one dangerous classroom, 130 student of class 3 were found sitting in second dangerous classroom and 177 students of class 2 were found sitting in third dangerous classroom. 158 students of class 1 were found sitting in open on the ground in the temperature of 38-39 degree Celsius. 225 students of class 4 were found sitting in the gallery of the dangerous classrooms whereas 168 students of class 4 were found sitting in the gallery of the other classrooms.
4. The petitioner submits that in short, 437 students were found sitting in the dangerous classrooms and 225 students were found sitting in the gallery of these dangerous classrooms. Any untoward incident involving lives of these tiny tots can take place any time. The authorities are just sleeping over the matter, though they were fully aware of these facts. The authorities have made mockery of right to education of these children. The conditions in the school are so horrible that education of these children cannot at all take place. More than, 2,393 children between the age group of 5 to 11 years studying in this school are the victims of the apathy of the school authorities. These children are being discriminated because they are the children of the poor and voiceless people.
5. The petitioner submits that the authorities are guilty of violating the fundamental and human right to education of these children. These children are meted out with cruelty and torture. The children sitting in dangerous classrooms, overcrowded classrooms, and open in hot and humid climate simply reflects the total criminal negligence, callousness, insensitiveness and unconcern on the part of the municipal authorities towards these children. The scenario in the school reveals that the authorities are not interested in the education of these children.
6. It is submitted that Mr. Gajaraj Singh, President, Resident Welfare Association informed us that this school was allotted the area of 6 Bhigas whereas 3.25 Bhigas of land out of this 6 Bhigas is under encroachment by anti social elements and the authorities are not taking any step to remove the encroachers and to build the pucca school building.
7. The petitioner submits that the above facts were reported to the Director of Primary Education, MCD through e-mail on 18.09.2006. However, no action has so far been taken to remover the students from the dangerous block containing dangerous classrooms and dangerous gallery. It is also relevant to mention here that three weeks back when plaster from roof of a dangerous classroom of MCD Primary school, Ali Gaon, Badarpur, Delhi had fallen on five girl students whereby the girl students sustained head injuries, Mr. Ashok Agarwal, Advocate on telephone informed the Director of Primary Education, MCD about the factum of holding classes in dangerous block of MCD Primary School, Mukundpur. Though assurance was given no action was taken. This attitude on the part of municipal authorities is totally criminal in nature.
In view of the facts and circumstances it is mostly humbly prayed that the Municipal Corporation of Delhi may kindly be directed to take immediate steps to remove all the students from the dangerous block of MCD Primary school, Mukundpur and to provide them a suitable alternative arrangement. It is also prayed that MCD may kindly be directed to take steps to remove the encroachers from the school land and also to take steps to build a pucca school building without any further delay.
NEW DELHI (ASHOK AGARWAL)
DATE: 19.09.2006 ADVOCATE FOR THE PETITIONER