'They Can Hardly Be Described As Roads': High Court Expresses Concern Over Path Leading To Two Govt Schools In Delhi

The Delhi High Court recently expressed concern over the road conditions leading to two government schools in the southern district of the national capital. 

"The condition of the roads – as seen from the photographs, shows that they can hardly be described as roads," the Bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla remarked.

The petitioner had highlighted state of affairs with regard to the road in front of Delhi Government School of Excellence, Delhi Government Co-ed School, and SDMC Primary School, Madanpur, Khadar, New Delhi.

The public interest litigation filed by Social Jurist, claiming to be a civil rights group, sought directions against the respondents to repair or construct the dilapidated 1 km public road in front of the said schools. Filed through Advocates Ashok Agarwal & Kumar Utkarsh, the PIL submitted that thousands of students have been facing problems in reaching school for several years now because of the condition of the roads. There is no connectivity to these schools as neither public transport nor conveyance can reach the school, the plea said.

It was also submitted that the entire 1 km road to schools is very rough and unsuitable for walking. It is uneven, muddy, and due to dust, the uniform of students and teachers also becomes dirty even before reaching school.

It is their case that due to the condition of the road, several times students fell and suffered injuries. Moreover, it is impossible to walk to school on the road during the rainy season. On receiving complaints from the students and the parents, Advocate Ashok Agarwal claimed to have visited the school. He found that the street was surrounded by open drainage, and garbage was lying here and there. Moreover, in the middle of the street, there is a big transformer, which may prove dangerous for the life of students, he submitted.

The petition notes that the inaction on the part of the respondents in repairing the public road in front of government schools is illegal, arbitrary, and in violation of the Fundamental Right to Education of thousands of students, as is guaranteed by Articles 14, 21, and 21-A of the Constitution of India.

It also refers to the Right of Children to Free & Compulsory Education Act, 2009, which provides barrier-free education to students. The same covers a smooth road for reaching school to get an education.

The Court noted that there is a dispute as to whether it is the responsibility of the Delhi government, Public Works Department, Delhi Urban Shelter Improvement Board or South Delhi Municipal Corporation, to maintain the roads in question.

Case Title: Social Jurist, A Civil Rights Group v. Government of NCT Delhi & Ors.

Click Here To Download Order