Won't Spare Them: Orissa High Court Pulls Up State Education Dept Over "Pathetic" Infrastructure In Schools

While expressing shock over poor condition of the existing facilities, the Division Bench of Chief Justice Dr. S. Muralidhar and Justice Murahari Sri Raman said,

“The photographs attached to the report depicts a dismal picture of the infrastructure, if it at all can be called that, in the said seven schools. Basic amenities like potable drinking water, bench and desk, separate functional toilets for boys and girls, electricity, playground are not available. This is apart from the lack of adequate teachers and drop in the attendance/enrolment rate of students.”

Background

The Court was hearing a writ petition concerning the dilapidated condition of infrastructure in various primary and upper-primary schools in Odisha. It went through the report submitted by the amicus curiae who visited 7 (seven) schools in Boudh district. From the report, it came to the fore that basic amenities like potable drinking water, bench and desk, separate functional toilets for boys and girls, electricity, playground are not available.

Court’s Observations

Taking cognizance of the report, the Court noted that in the Marjakud U.P School, Classes III and IV are sharing one classroom. More pathetic is the condition of Khairamal U.P. School where there was one teacher for Classes IV and V and Classes II and III were sharing one classroom. There was no bench or desk provided to the students of Classes IV and V who are sitting in one classroom opposite to each other.

“The situation at the Ghul Ghula Padar Primary School is, to say the least, shocking. All the students from Classes I to V are sharing one classroom sitting on the open floor. One blackboard is available in the entire hall. There is no office room for the school. No toilet, no drinking water facility, no playground. No bench and desk provided in the classroom. Students are using the open space for attending calls of nature. There is no potable drinking water facility in the school,” the Court remarked further.

Directions to Authorities

Accordingly, the Court ordered the Commissioner-cum-Secretary to Government, S&ME Department to immediately examine the report of the amicus curiae, which only depicted the conditions schools in Boudh district as a sample.

The Commissioner-cum-Secretary was directed to immediately convene a meeting of the Collector and the District Education Officer (DEO), Boudh and to ensure that funds are immediately released for the repair, upgrade and upkeep of all the above seven schools and any other schools in Boudh district, which may require immediate attention.

The Court directed that as far as the above seven schools are concerned steps should be taken immediately considering that the current academic year ends in a few weeks and the schools are likely to be closed for summer vacations.

“It must be ensured that before reopening, the repairs in all the seven schools are carried out. The basic minimum facilities should be made available in each of the schools which would include electric power supply, provision of light and fan, separate functional toilets for boys and girls, potable drinking water facilities, separate classrooms for each class, bench and desk for each of the students, proper useable blackboards, fans, lighting and other basic comforts apart from playground facilities”, the Court added.

The Court required the Commissioner-cum-Secretary to Government, S&ME Department to pass appropriate instructions to the DEO to send her periodic reports on a weekly basis with photographs about the actual repair/ upgradation works undertaken in each of the schools.

The entire exercise was ordered to be strictly monitored and a comprehensive report to be submitted before the Court with photographs before the next date.

“The Court proposes to hereafter take up the above exercise district wise. In the meanwhile, Ms. Aswathy, S., Commissionercum-Secretary to Government, SME Department will on her own undertake the exercise of calling for reports with photographs from each of the DEOs which would show the actual physical condition of the schools whether they are Primary Schools or U.P. Schools. Each such report will indicate the availability of each of the above facilities, as noted, in the form of a checklist”, the Court ordered further.

The Court also asked the authorities to ensure that before the next academic year begins, the U.P. Schools and Primary Schools in all the Districts in Odisha must have most of the basic facilities that are highlighted in the order.

“This exercise has to be undertaken on a war footing. The Court hopes that in the recent budget that has been passed, funds have been allocated for the above purpose. It is essential that it is used for that purpose at the earliest so that the benefit reaches all the children studying in these schools,” the Bench stressed.

After the Court dictated the order, the Senior Standing Counsel appearing for the S&ME Department assured the Court that the required steps will be taken. At this point, Chief Justice Muralidhar said, “Tell them (the concerned authorities), the High Court will not spare them.”

Case Title: Secretary, High Court Legal Services Committee v. Chief Secretary to Government of Odisha and Ors.

Case No.: W.P.(C) No. 15395 of 2015

Order Dated: February 28, 2023

Coram: Chief Justice Dr. S. Muralidhar & Justice M.S. Raman

Counsel for the Petitioner: Prafulla Kumar Rath, Amicus Curiae

Counsel for the Respondent: D.R. Mohapatra, Senior Standing Counsel for the S&ME Department