Note:
Today i.e. 28.02.2007, a Division Bench of Delhi High Court consisting of Chief Justice and Justice Sanjeev Khanna while entertaining Social Jurist petition observed that the conditions in MCD schools are horrible and shocking. The Municipal Commissioner, Mr. Ashok Nigam was present in the Court room while the Honble Judges were expressing their anger against MCD for uncaring of the students studying in MCD schools. The High Court directed the MCD Commissioner as well as Director of Education MCD to personally visit the MCD schools at Nithari, Kirari and Prem Nagar, as mentioned in the petition, within one week and submit their report. Disgusted with the state of affairs in the MCD schools, the High Court directed the Delhi government to examine the possibility of taking over all the municipal schools. The High Court also directed the Lawyers Committee to submit their report about the status of MCD schools.
Mr. Ashok Agarwal, appearing for Social Jurist informed the Honble Judges that Right to Education Task Force (RETF) led by him visited three MCD schools at Nithari, Kirari and Prem Nagar in Nangloi area and found that children studying therein are unsafe and conditions prevailing therein are horrible. Young girls were found to be easing in open, the toilets were stinking, classes were held either in open or under damaged tents and drinking water facility was not available. One school was found to be run just adjacent to the cremation ground. The leaders and bureaucrats were only concerned in laying the foundation stones in the schools and are not concerned with the education of the children studying therein. The Municipal authorities are not interested in these schools because their own children are not studying in these schools and are going to fee charging private schools. It was also pointed out in the petition that in the manner in which young girl students were easing themselves in the presence of male teachers, the same is provocative and may lead to molestation.
Mr. Agarwal suggested the court to direct the government to establish an autonomous body on the same lines that has been constituted to run Central schools and to bring all municipal and government schools of Delhi under it to improve the standard of education in these schools.
The next date of hearing is 21.03.2007
Copy of the petition is attached hereto as well as pasted below.
Ashok Agarwal
Advocate
Advisor Social Jurist
M: 9811101923
28.02.2007
IN THE HIGH COURT OF DELHI AT NEW DELHI
C. M. NO. ___________________ OF 2007
IN
W.P.(C) NO. 3507 OF 2000
(Public Interest Litigation)
IN THE MATTER OF:
Social Jurist
A Civil Rights Group
Petitioner
Versus
U. O. I & 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 Right to Education Task Force (RETF) team consisting of Mr.Ashok Agarwal, Advocate and Convener, RETF, Mr. Rahul Verma, Advocate, Mr. Manish Bansal, Advocate and Mr. Pradeep Jha visited three MCD Primary Schools at Nithari Village, Kirari Village and Prem Nagar Part III, in Nangloi area of Delhi on 24.02.2007 to ascertain the status of basic amenities and infrastructure in these schools. It is submitted that the same team had earlier visited these very schools on 05.08.2006.
3. A brief school-wise report of this visit is as follows.
(i) MCD Primary School, Nithari Village, Nangloi, Delhi-41
The present condition of this school is not changed very much since last visit of RETF. It shows the callous attitude of the authority towards the right of children to get quality education in safe and proper infrastructure.
School Building It was pointed out by the RETF in its last visit report that 15 classrooms of this school have been declared dangerous and the students in large number are sitting in open. After the visit of RETF and the orders having been passed by the Honble High Court, the authorities provide 15 tents for the students. On 24.02.2007 when the team re-visited the school, it was found that there were only nine tents left out and that too were in bad shape. The classes were being organized in these tents as well as in the classrooms that have been declared dangerous. The Students were attending the classes at the risk of their lives. These dangerous classrooms may collapse anytime and this Nithari Village of Delhi may be converted into another Nithari of Noida by causing death to many children.
Absents and Dropouts It was submitted by the Head Master of the school that only 70 % of total 2846 students were present in the school on an average. Rest 30 % students were regular absentee or dropped-out students. It is an alarming figure but no step has been taken from the authorities in this regard. It was revealed from the school records that the names of 183 students were struck off from the register due to absence of the students. Till now, only 40 students out of 183 students have been re-admitted in the school.
The students studying in these schools are between the age group of 5 and 11 years. The Delhi School Education Act, 1973 do not permit school to strike off the name of a student of this age group on the ground of the absence. Moreover, the Article 21-A of the Constitution mandates that the children between the age group of 6 to 14 years have to be in school throughout the year and not out of school in any circumstance and therefore, the school is not justified in striking off the name of a student, if the student is absent from the school. The State is obliged to ensure that all the children between the age group 6 to 14 years are in school and therefore, the question of keeping any child out of school even for a day does not arise.
Classrooms Most of the classes were being held in the tents, in the open space and in the corridors. The tents were in very pathetic condition and there were big holes in these tents. The pukka classrooms were very dirty and there was no proper lighting in these classrooms. The students were using tat patti to sit as there was no arrangement for desks in this school. Some students were found sitting even without tat patti or on torned tat patti. The window panes of classrooms were hanging in the air with very weak support just above the classes being held in the open space and there were no glasses to protect students from cold or hot weather conditions.
Toilet Block and cleanliness The toilet block was too dirty to use as nobody can dare to enter in these toilets. There was no proper arrangement of water in the toilets. It must be noted that as per the statutory provisions there must be 1 toilet seat per 25 students (girls) but there were only 4 seats for 2846 students in this school. The students were found pissing at open places outside the toilets. It was very shameful to notice that a male teacher was taking a class near the toilet block and the little girl students were pissing in the open place very much near to that class. There was lots of garbage and dust inside and around the classrooms and corridor of the school. A girl was also found sweeping the corridor with broom. It is quite possible that the children might be frequently asked to sweep the classrooms, corridors etc.
Drinking Water Though there was a water tank but it was dry as according to the Head Master, the motor was out of order.
Teachers The sanctioned strength of teachers in this school is 65 inclusive of one Head Master. At our last visit, only 40 teachers were available in this school. But this time, there were 70 teachers taking classes of different sections. It was the only considerable improvement in this school since the last visit of RETF.
(ii) MCD Primary School, Prem Nagar, Nangloi, Delhi-41
There was no change in the condition of school since the last visit of RETF. This school is an excellent example of absence of humanity towards tinny tots on the part of municipal authorities running these schools.
School Building It was very difficult for RETF team to enter the school as the garbage dumb were there to block the entrance of the school. The drains outside the school were chocked due to which connecting roads to the schools were filled with the dirty water and mud. As the school is situated just adjoining to a cremation ground, the smell of burning dead bodies was making the whole atmosphere horrible. The foundation for school building was laid down on 05.12.2004 and the school was started on 5th July 2006 but there is no school building till the date. There is big field that is covered by a boundary wall. In this so-called school, there were near about 12 tents in which classes were being organized and all of them were in bad condition.
Absents and Dropouts There are about 1812 students in two shifts of this school (in morning shift, there are 1086 students in 21 sections and in evening shift there are 726 students in 16 sections). Only 816 students were present in the morning shift at the time of RETF teams visit that shows almost 30% of students were either absent or dropped out. The worst surrounding conditions and absence of basic amenities inside the school must be the main reason for these absenteeism and dropped-outs.
Classrooms There were no classrooms at all and the school was looking like a refugee camp. The classes were running inside the tents, which were also in bad conditions and were not fit to protect students from cold, heat or rains. The MCD authorities have issued 15 tents to this school out of which 3 tents are totally damaged. Only 12 tents were there in which 21 sections were being held.
Toilet Block and cleanliness There were 3 toilet seats for 1812 students in this school. One can easily imagine what must be the condition of toilet block in this school. The wash basin fitted in the toilet was full of rags. There was no water arrangement in the toilets. The toilet block was stinking.
Drinking Water Although there were several water tanks inside the school but all were empty as there was no facility for water supply inside the school. The school has given many written requests for supply of water through tankers to the Delhi Jal Board but it is of no use. Neither any water connection nor any water tanker was made available to the school. The children were thirsty and were showing empty water bottles to us.
(iii) MCD Primary School, Kirari village, Nangloi, Delhi-41
As far as the improvement is concerned, there was hardly any improvement in this school. Even we noticed many irregularities in comparison to our last visit to this school. This school is the live example of the negligence of the MCD authorities in respect of childrens right to Education.
School Building Last year many dilapidated classrooms were demolished and the construction of new building was started. The construction of new building has been stopped in the mid-way. The Head Master has informed that the contractor has stopped the work due to non payment of his bills by the MCD. The children are the most sufferers as they are without classrooms. They have to sit in corridors. The classrooms are overcrowded.
Absents and Dropouts In our last visit we noted that the absent rate in this school is more than 35 % on an average. Till now, the school authorities have no concern regarding this issue. Almost 500 students were absent out 3000 students in the morning shift. It is an alarming figure but no step has been taken from the authorities in this regard.
Toilet Block There were 2 toilet blocks in this school out of which one was locked. The toilet block was very dirty and there was no proper arrangement for cleaning of the toilets. Here also, the students were found pissing at open places outside the toilets. Few students were going inside the toilet block by keeping their hand on their nose, as the smell in these toilet blocks was intolerable for any human being. The number of toilet was very less in comparison to the number of children in this school. Moreover, the young girl students easing themselves in front of other students and the staff is totally indignified. The school is totally responsible for it. We should not forget that such situation are provocative and may give rise to molestation of students.
Drinking Water There was no drinking water tank in this school. The school is totally dependent on direct supply of the water from DJB. Whenever, there is no direct water supply in that area, the school has no alternate water facility for the students
Concluding Observations / Suggestions:
(i) The conditions of three schools explained above are more or less similar in all other 1800 + municipal schools in Delhi. The large-scale dropouts and growth of child labour have direct nexus with these conditions of schools. The municipal authorities have made mockery of right to education. The Municipal Commissioner who is heading Municipal Corporation has never visited these schools. The municipal authorities are totally insensitive to the educational needs of the children. They are not interested in the education of the children of the masses going to these municipal schools as their own children are going to elite public schools. It is a case of cruelty and torture. The Honble Delhi High Court has repeatedly passed orders and directions to the Government and municipal authorities to ensure basic amenities in their schools but all in vain. The Municipal Commissioner has committed contempt of the Honble High Court by deliberately disobeying the Court Orders and submitted false affidavits in the Court claiming that they are providing all basic amenities in all their schools. In such cases of deliberate criminal negligence, Municipal Commissioner should be held personally responsible. It amounts to contempt to Honble Delhi High Court. In order to improve municipal schools, it should be mandatory for all employees of the Education Department of the MCD to send their children to these schools.
(ii) The absence of basic amenities in these schools adversely affects the quality and standard of education, which results initially in large number of children absenteeism and thereafter-large number of dropouts. There are 25% to 30% dropouts in municipal schools. How long a girl child would continue in a school if the school does not have facility of clean toilet? Is it not a serious national wastage? In this way, the govt. promotes child labour on one hand and privatization and commercialization of education on the other hand.
(iii) MCD primary school, Prem Nagar, Nangloi is situated adjoining to a cremation ground. The cremation ground needs to be relocated or closed down immediately as the same is in violation of right to education and also contrary to the DMC Act, 1957. The presence of cremation ground adjoining to school would not only develop fear in the minds of the tiny tots. This is bound to have an adverse effect on the health of the students.
(iv) At least 2 sweepers should be posted in morning shift of the school where the classrooms exceed 10. Each school must have two attendants. Each school premises must have two chowkidars.
(v) Basic amenities like proper classrooms, drinking water, toilet block with one seat for 25 children (girls) and one seat for 40 children (boys), black boards, electricity, fans, tube lights and cleanliness must be ensured in each school. The Honble Courts have held that these are the part of the right to education.
(vi) The authorities who are responsible for the present state of affairs in the Municipal schools are required to be taken to task by the Honble Court as denial of basic amenities to the students tantamount to the violation of fundamental right to education as guaranteed under Articles 21 (Right to Life) and 21-A (Right to Education).
(vii) The Government must wake up now before it is too late. The Government should constitute autonomous bodies on the line of Kendriya Vidhyalayas and transfer all their schools to such bodies. All the Government including Municipal schools is required to be upgraded to a minimum level of Kendriya Vidhyalayas. This will answer to the discriminatory system of education even within the government schools system. Moreover, it will attract even those children who are being sent to unaided private schools and are subjected to payment of exorbitant fees and other charges.
A true copy of the report is enclosed hereto as Annexure A.
4. The petitioner submits that the above submitted facts reveals that the children of masses studying in MCD schools are subjected to cruelty and torture as much as they are denied basic amenities and facilities which they are entitled to as a part of their constitutional right to education. It is submitted that immediate intervention by this Honble Court is required to safeguard the interest of the tiny tots studying in these MCD schools.
In view of the above facts and circumstances it is most humbly prayed that this Honble Court maybe pleased to direct the Commissioner, MCD to forthwith visit these schools and ensure that all basic amenities and facilities which required for the conducive educational environment should be provided to all these children immediately. Any such further orders or directions may be passed which may deem fit and proper by this Honble Court.
New Delhi (Ashok Agarwal)
Dated :27.02.2007 Advocate for the petitioner
Email – socialjurist@socialjurist.com