Research › Search › Judgment

J&K High Court · body

2012 DIGILAW 572 (JK)

G. M. Wani and Ors. v. Union of India and Ors.

2012-09-12

M.M.KUMAR, MOHAMMAD YAQOOB MIR

body2012
M.M. Kumar, CJ.— 1. The instant petition filed in the Public Interest under Article 226 of the Constitution of India read with Section 103 of the Constitution of J&K seeks issuance of direction commanding the official respondents to take all measures to furnish winter schools with adequate and sufficient heating arrangements forthwith to ensure in time arrangements before the onset of severe winter. According to the averments made in the petition, the official respondents have ordered continuation of studies in the school from 15.12.2010 to further months when the temperature in the valley drops to subzero Celsius. In the absence of proper arrangements the young infants are likely to be inflicted with frost bites on their feet, nose and ears and further ailments of respiratory system, pneumonia and different fevers involving heart and nerves as a consequence of the exposure to severe cold. The scarcity of arrangements have been felt on account of lack of funds. When the matter came up for consideration on 24.12.2010 before this Court, Secretary Education Department, J&K Jammu- respondent No. 2 was directed to instruct the Director School Education, Kashmir to provide necessary heating facilities in all the schools of the Valley, which are to be kept open during winter. For the aforesaid purpose, the State was directed to release additional funds, if necessary, to the Director School Education, Kashmir. The Director in turn was directed to issue consequential direction to all the Chief Education Officers for implementation of the orders and they were to ensure strict implementation thereof. They were also asked to submit the compliance report. 2. In pursuance of the direction issued by this Court, a compliance report by the Secretary Education Department and the Director School Education-respondents 2 and 3 has been filed. According to the averments made in the compliance report all the Chief Education Officers of the valley were directed vide letter dated 27.12.2010 to comply the directions issued by this Court (Annexure R1). An amount of Rs. 2,16,25,000/- was released under Rashtriya Madhvik Shiksha Abhiyan (RMSA) on 11.08.2010 in favour of all CEOs of the Kashmir Division at the rate of Rs. 25,000/- per High/Higher Secondary Institutions for minor repairs. In addition to this, all Heads of High/Higher Secondary Institutions were asked to ensure appropriate heating arrangements by utilizing the local funds. An amount of Rs. 2,16,25,000/- was released under Rashtriya Madhvik Shiksha Abhiyan (RMSA) on 11.08.2010 in favour of all CEOs of the Kashmir Division at the rate of Rs. 25,000/- per High/Higher Secondary Institutions for minor repairs. In addition to this, all Heads of High/Higher Secondary Institutions were asked to ensure appropriate heating arrangements by utilizing the local funds. In case of scarcity of funds, the CEOs were directed to provide funds out of District Pool. It has further been given out that the Heads of the High/Higher Secondary Schools have already made necessary arrangements for smooth conduct of winter schoolings (Annexure R2). The class work in all High/Higher Secondary Schools in the valley is in progress smoothly and there has been good response from the students also. The compliance report is duly supported by an affidavit of Shri Avinash Chander, Joint Director School Education. A rejoinder has been filed on behalf of the petitioner indicating that the winter school functioned only from 15.12.2010 to 31.12.2010 and the reasons for closing the school from 1st January has not been disclosed, despite availability of adequate heating arrangements. After winter vacation, the schools reopened on 01.03.2011 and there was no arrangements found in place to heat up the buildings. 3. We have heard learned counsel for the parties and are of the view that the authorities appear to have taken effective steps to heat up class rooms during the winter season. However, owing to the severe winter, the schools were closed in January, 2011. If the respondents 1 to 4 decide to continue with the winter schooling from December to February then all arrangements should be in place. The decision to continue with classes during winter should also include the decision to provide all facilities to cope up with the severe weather condition. If no such arrangements are made, the petitioner shall be at liberty to move appropriate application for issuance of necessary direction. The petition stands disposed of.