Court on Its Own Motion v. Govt. of NCT of Delhi & MCD
2012-01-25
A.K.SIKRI, RAJIV SAHAI ENDLAW
body2012
DigiLaw.ai
1. By means of this application Mr. Ashok Agarwal, Advocate has highlighted the plight of as many as 390 students of Delhi Government run Government Co-ed Secondary School, Sundar Nagari, East Delhi. It is pointed out that these 390 students of Class Vlth to VIIIth were shifted from an overcrowded Government School at Janta Colony, East Delhi with effect from 22nd October, 2011 to the present Government Co-ed Secondary School, Sunder Nagari, East Delhi. However, there is no building at the place to which they are shifted. 2. Learned Counsel for the Govt. of NCT of Delhi informs that the said plot of land is recently demarcated for school and the construction is underway. At the same time, it is not in dispute that only boundary walls are erected so far and the construction work is at the initial stage. It is therefore clear that the construction of building which is proposed to be of 72 classrooms is going to take substantial time before it is fully constructed and ready for occupation. 3. In the interregnum from the photographs we find that there is a tent and certain tin sheds on site which are insufficient for 390 students and not equipped for the purpose of conducting classes. The tin sheds are open from three sides; it is torturous for students as well as teachers to sit therein in this extreme winter. 4. Since construction of building is going to consume substantial time, the Government would be well advised to erect Portacabins so that appropriate classroom to facilitate the proper teaching of the students are available and which is now their fundamental right under Article 21A of the Constitution. 5. We thus direct the Government to construct Portacabins. The process in this behalf shall start immediately and should be completed within a period of one month from today. Other necessary infrastructures for conducting classes like furniture, blackboard, sitting chairs etc. should also be provided. Since the construction is going at the same place, the Government shall also take all measures to ensure the safety of children, teachers and staff in the school. 6. The respondent shall file Status Report on the next date fixed in the case i.e. 29th February, 2012. Copy of this order be given dasti under signature of Court master to the Counsel for the respondent. Writ Petition disposed of.