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2002 DIGILAW 269 (AP)

Citizens Guidance and Welfare Society v. Government Of A. P.

2002-02-20

A.R.LAKSHMANAN, Y.V.NARAYANA

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AR. LAKSHMANAN, C. J. ( 1 ) HEARD the learned counsel for the petitioner and the learned Government Pleader appearing for respondents 1 to 4 and 6. ( 2 ) THE Writ Petitioner is a Society having its registered office at 11-2-284/4and7, Iqra Complex, Nampally Hyderabad. It has filed the present Writ Petition seeking a Writ in the nature of Mandamus directing the respondents to shift three Government Schools viz. , the Government Boys Primary School, Kasaratta, the Government Boys Primary School, Babri Alawa and the Government Boys Primary School, Tadban. Among the said three Schools, the first two Schools are located in a single private building bearing Municipal Door No. 21-6-232 situated at Ghansi Bazar, Hyderabad and in this Writ Petition we are concerned with the said two Schools. ( 3 ) IT appears that the Deputy Executive Engineer, Roads and Buildings (Randb), North, Building Sub-Division No. 1, Nampally, Hyderabad had inspected the School Building in question including other School Buildings and issued a Report showing the physical condition of the Buildings effected on account of heavy rain fall occurred on 23rd and 24th of August 2000 AD under the jurisdiction of Sha Ali Banda Range and as per the said Report the building in question is not fit for occupation and it was advised in the Report to shift the Schools from the said building. The Schools in question are shown at serial Nos. 6 and 19 of the said Report. We feel it appropriate to extract the relevant portion of the Report, which contains the particulars of the schools in question. It reads:@@ "sl. NO NAME OF SCHOOL GOVT. OR PRIVATE LOCATION TYPE OF ROOF STRUCTUREOF BUILDING CONDITION OF BUILDING APPROXIMATE AMOUNT REMARKS. 1. 2. 3. 4. 5. 6. 7. 8. 9. 6. Govt. Boysprimaryscool,kasaratta. Privatepetlaburjmadrasterraceloadbearingdilapi-Dated.-------Not fitfor occupa-tion,advised to shift the School19govt. Boys Primary School Babri Alawaprivatepetla Burjmadras Terraceload Bearingdilapi-dated-------Not fit for occupa-tion. Advised to shift the school. This School is function-ing in GPS Kasari-Gatta. (Kasaratta)"@@ ( 4 ) ACCORDING to the Report of the Deputy Executive Engineer, (Randb), both the Government Schools shown at serial Nos. 6 and 19 above are being run in a single private building. It is brought to our notice that the private building belongs to the 5th respondent herein. In the remarks column of the Report regarding the said Schools it is stated:"not fit for occupation. Advised to shift the School. 6 and 19 above are being run in a single private building. It is brought to our notice that the private building belongs to the 5th respondent herein. In the remarks column of the Report regarding the said Schools it is stated:"not fit for occupation. Advised to shift the School. " ( 5 ) PURSUANT to the said inspection report, the second respondent herein viz. , the District Educational Officer, Hyderabad District by his proceedings Rc. No. 2061/aiii/2001-02 dated 20-02-2001, after referring to the Note of the District Collector, the Report of the Executive Engineer (Randb), Shah Ali Banda Range, has ordered for shifting of the said two Government Schools in the alternative accommodation provided by him as shown against the name of the each School as under: 1. Govt. Boys Primary School Kasaratta, Hyderabad (Telugu medium) Govt. Boys Primary School, Moosabavli (Telugu Medium) 2. Govt. Boys Primary School Babri Alawa Govt. Boys Primary School Bazar-e-Ghansi (Urdu medium) ( 6 ) THE second respondent has also requested the Deputy Inspector of Schools, Shah Ali Banda Range No. 1 to take necessary action in the matter. ( 7 ) SINCE no steps were taken for shifting of the Schools, the petitioner-society, which is interested in the welfare of the general public and also of the school children, filed the present Writ Petition. ( 8 ) PURSUANT to the directions of this Court on 6. 2. 2002, the District Educational Officer, Hyderabad District, the second respondent herein, has filed a counter-affidavit on behalf of respondents 1 to 4 and 6. Para 3 of the counter-affidavit, which is relevant, is reproduced hereunder:". . . . IT is submitted that the District Educational Officer, Hyderabad vide Procs. Rc. No. 2061/a3/2001-2 dated 13. 2. 2001 has requested the Deputy Educational Officer, Shah Ali Banda Zone, Hyderabad to shift the G. B. P. S. Kasaratta and G. B. P. S. , Babri Alava to GGPS. ,, Moosabawli and GBPs. , Bazar-e-Ghansi. The Deputy Educational officer concerned vide his letter dated 13. 9. 2001 has reported that due to interference of local people, the Head Master could not shift the School. Further, the M. L. A. Sri Asaduddin Owaisi has objected for shifting of the school under public interest and informed that, if such shifting is made their Party will stage Dharna against the shifting under public interest. 9. 2001 has reported that due to interference of local people, the Head Master could not shift the School. Further, the M. L. A. Sri Asaduddin Owaisi has objected for shifting of the school under public interest and informed that, if such shifting is made their Party will stage Dharna against the shifting under public interest. Further the Chairman of Babri Alawa School Educational Committee addressed a letter to the Deputy Educational Officer, Shah Ali Banda Zone, wherein it is mentioned that it is very difficult to cross the main road for the small kids and he requested the authorities not to shift the school. He further stated that he is indicating the place that belongs to the Government nearby to the school (i. e. , play ground annexed to T. C. I. Corporation), Chelapura Road and he sought to arrange for construction of the School building on the above (play ground) to facilitate the children. ( 9 ) IT is further stated in the counter-affidavit that the District Educational officer, Hyderabad has visited the above two schools and proposed for shifting of the same to the schools in the alternative accommodation provided by the 2nd respondent, as indicated in the table above. ( 10 ) IT is also stated by the 2nd respondent in the counter-affidavit that the Deputy Educational Officer is looking for a suitable accommodation to shift the Schools, that he could not so far find any suitable accommodation and that he is also awaiting for the further report in the matter from the Deputy Educational officer. ( 11 ) ALONG with the counter-affidavit, two annexures have been filed. The first one is a copy of letter written by one Mr. Asaduddin Owaisi, M. L. A. addressed to the District collector, Hyderabad District which reads thus:"through the parents of the school children concerned, it has come to my notice that the present Govt. Upper Primary School (Urdu Medium)located in a rented building bearing Municipal No. 21-6-232, Babri Alawa, Hyderabad is being shifted to other building without any valid reason shortly. If such proposal is considered, the local area people concerning to the parents of the above school children, and I am also objecting for this shifting, under public interest, under the purview of nearest distances to the school children locally, and suitability of accommodation to the classes. If such proposal is considered, the local area people concerning to the parents of the above school children, and I am also objecting for this shifting, under public interest, under the purview of nearest distances to the school children locally, and suitability of accommodation to the classes. Hence I hereby desired with the District Collector, to please consider the matter sympathetically, and issue necessary orders to the D. E. O. and other officials not to shift the present school in question, under the above circumstances, and if such shifting is made, our Party will manages a dharna against this shifting under public interest and oblige. " ( 12 ) THE second annexure is a copy of letter sent by Shaik Khaleel Ahmed, Chairman Babri Alawa School Education Committee addressed to the Deputy Educational Officer, Shah Ali Banda Zone, Hyderabad. The said letter is also reproduced hereunder which reads:"i, the Chairman of Government Boys Primary School, Babri Alawa. I came to know that the Government is proposing to shift this School in nearby locality. It is very difficult to cross the main Road for small kids. In this regard I am report the authorities not to shift the School. As per the Government Programme the first is constructing buildings for schools. I am indicating the place that is belongs to Government nearby to our School (i. e. , Play ground is annexed to the T. C. I. , Corporation) Chelapura Road. Kindly arrange or construct a building on above place to facilitate our children. " ( 13 ) IT is seen from the first letter addressed to the District Collector by the Member of Legislative Assembly dated 30. 6. 2001 that if such shifting is made, their Party will manage a dharna (protest) against the shifting under public interest. On the other hand, the Chairman of the Babri Alawa School Education Committee stated that it is very difficult for the kids of the School to cross the main road and, therefore, he has requested the authorities not to shift the School. According to him, the programme of the Government is to construct buildings for the School. He requested the Deputy Educational Officer to arrange or construct a building on the place mentioned in the said letter to facilitate the children. ( 14 ) TWO things are clear from the facts and circumstances of the case. According to him, the programme of the Government is to construct buildings for the School. He requested the Deputy Educational Officer to arrange or construct a building on the place mentioned in the said letter to facilitate the children. ( 14 ) TWO things are clear from the facts and circumstances of the case. As per the Report of the Deputy Executive Engineer (Randb) the building in question is in dilapidated condition and is not in a fit condition for occupation. Therefore, the Executive Engineer has advised shifting of the Schools. Pursuant to the said inspection Report, the 2nd respondent, District Educational Officer has issued proceedings dated 20. 02. 2001 for shifting of the schools. ( 15 ) UNDER these circumstances a duty is cast on all concerned to save the lives of the young School children who are risking their liveson every working day of the School by being present in the dilapidated building which became unfit for occupation on account of heavy rain fall on 23rd and 24th of August, 2000, as per the Report. And equally a legal obligation is cast upon the respondents to immediately shift the Schools in question. We are, therefore, of the firm opinion that the School children shall not be allowed to pursue their studies in the said Schools when the building became dilapidated and is unfit for occupation. ( 16 ) WE accordingly direct the District Collector and the District Educational Officer to take immediate steps for shifting of the Schools to a temporary accommodation pending construction of permanent building irrespective of the notice of threat issued by the said M. L. A. dated 30. 6. 2001 or any other person of the area. In matters like this, we generally feel that the M. L. A. also would co-operate with Authorities of the Education Department in shifting the Schools in question in the interest of the young school children who are pursuing their studies within his jurisdiction in a dilapidated school building endangering their lives. We hope and trust that the M. L. A. would also co-operate with the Departmental Authorities in shifting of the School. ( 17 ) MR. We hope and trust that the M. L. A. would also co-operate with the Departmental Authorities in shifting of the School. ( 17 ) MR. SRINIVAS, learned Government Pleader for School Education submitted that the respondents may be permitted to continue the schools in the same building as the summer vacation for the schools is fast approaching and that the respondent-authorities may be permitted to shift the Schools during summer vacation. ( 18 ) HAVING regard to the facts and circumstances of the case, we are afraid, we cannot accede to the request made by the learned Government Pleader. ( 19 ) FOR the foregoing reasons, we direct the respondent-authorities to see that the shifting of the Schools is done, at any rate, to a temporary accommodation, at least within four weeks from today. ( 20 ) THE Writ Petition is disposed of accordingly. There shall be no order as to costs.