Karnataka High Court Seeks Specific Details From State Govt On New Class Rooms Built Or Repaired

The Karnataka High Court on Thursday directed the state government to furnish a list giving addresses and other details of the schools (Government aided) wherein new classrooms, new toilets will be built and repairs of existing classrooms found in dilapidated conditions will be undertaken.

A division bench of Justice B V Nagarathna and Justice M G Uma during the hearing of the petition filed by Anti-Corruption Council of India went through an affidavit filed earlier by the Additional Director, Samagra Shikshana, Karnataka and the Litigation Conducting Officer, which stated that steps would be taken for construction of new classrooms, toilets and repair of existing buildings the affidavit states that in all 573 new classrooms will be built, repair work of classrooms will be taken up in 584 schools. It was also stated that 640 new toilets will be built in schools.

The bench in its order said "The affidavit does not disclose the addresses of the schools where the aforesaid works have to be carried out. In other words, it is not known whether specific schools have been identified in the state for carrying out the aforesaid work."

Orally observing that "Is it only a bombastic figure given without identifying the schools? Is there a survey carried out for identifying the classrooms.? Adding "Otherwise it is all talking in the air. We don't want to pass orders in the air.

The court said "In the circumstance a weeks' time is granted to file details of the schools wherein new classrooms will be built (573 in number), repair of existing buildings will be taken (584 in number) and new toilets will be built in the schools (640). The said details shall be furnished to this court on or before February 25."

The petition filed in the year 2018 had prayed for issuance of a writ of mandamus or directions to the respondents to conduct physical inspection of schools and to file reports. Further, direct the respondents to provide adequate infrastructure and facilities to students, teachers and staff in Government Aided Schools. Also direct respondents to conduct regular health check-up programmes for students in Government Schools. Some vaccination should be provided free of cost to poor and downtrodden students. Moreover, for strict implementation of the Shuchi Scheme on funding the government schools with supply of sanitary napkins.

By an order issued earlier, the court had directed the District Legal Services Committee and Taluk Legal Services Committee to visit Schools including Government Schools, aided Schools and Private Schools and file a Report into this Court through the Member Secretary, Karnataka Legal Services Authority. It was also directed that the reports shall state whether the Government have provided proper infrastructure facilities, water closets in the school.

As per the sample survey report submitted by KSLSA which consisted of a sample of 889 schools revealed that the facilities as required by the Schedule to the RTE Act have not been provided. Out of the 889 schools, 63% of the schools have separate toilets for the girls out of which 82% are functional. That, 37% of the schools have no separate toilets for girls as required by the RTE norms and standards. In 40% of the schools, there is no safe and adequate drinking water facility. In 19% of the schools, there is no electricity connection. In 49% of the schools, there is no barrier-free access to children with disability as per the RTE norms and standards.

Further, the report states that 67% of the schools do not have a playground. 82% of the schools have no office-cum-store-cum teachers room as per the RTE norms. Only in 10% of the schools, there are separate toilets for the teachers. Only 7% of the schools have separate toilets for children with disability.

During the hearing the bench questioned the government advocate on whether proper water facilities were available in schools. It observed "Unless you don't have a water facility you cannot provide drinking water to the students and maintain toilets in the school? The bench even noted that the government should come out with an action plan for providing infrastructure to the government aided schools in a timely manner.

The court while posting the matter for further hearing on February 25, directed the government to give details with regard to the action taken in respect to 35 schools mentioned in the report of KSLSA wherein the works were to be carried out on priority basis.