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Jharkhand High Court · body

2014 DIGILAW 653 (JHR)

Court on its own Motion v. State of Jharkhand

2014-06-24

P.P.BHATT, R.BANUMATHI

body2014
Order Petitioner is represented by Amicus Curiae, Mrs. A.R. Choudhary. The Respondent-State is represented by learned G.P. V- Mr. Rajesh Kumar. 2. Pursuant to the order dated 13.05.2014 Mr. Sudhir Kumar, Additional Chief Secretary, Drinking Water and Sanitation Department, Government of Jharkhand, Ranchi and Mr. K. Vidyasagar, Principal Secretary, Human Resources Development Department, Government of Jharkhand, Ranchi are present in the Court. 3. A counter affidavit has been filed by the respondents, stating about the steps taken after the order passed by this Court on 13.05.2014. It is stated that Review meeting was conducted on various dates for construction work of toilets and it is being monitored by high level officers. The coverage status of toilets and drinking water and progress from 13.05.2014 till 20.06.2014, is as under: Sl. No. Type of Facility No of Schools Status as on 13.05.2014 Status as on 20.06.2014 Available Not Available Available Not Available 1. Boys Toilet in Elementary Schools 40177 37012 3165 37712 2465 2. Girls Toilet in Elementary Schools 40177 36974 3203 37643 2534 3. Drinking Water in Elementary Schools 40177 37165 3012 37561 2616 4. Boys Toilet in Secondary Schools 2328 1869 459 2157 171 5. Girls Toilet in Secondary Schools 2328 1916 412 2157 171 6. Drinking Water in Secondary Schools 2328 2089 239 2255 73 The 100 % Coverage plan for providing toilets and drinking water facilities in elementary and secondary schools is given below:- Boys Toilet (Elementary): as on 20.06.2014 a. School Without Toilet: 2465 b. Under Construction: 152 c. Sanctioned under NBA: 1960 d. Sanctioned under SSA: 24 e. To be provided by DWSD: 329 Girls Toilet (Elementary): as on 20.06.2014 a. School Without Toilet: 2534 b. Under Construction: 330 c. Sanctioned under NBA: 0 d. Sanctioned under SSA: 2204 Drinking Water (Elementary): as on 20.06.2014 a. School Without DWS: 2616 b. Under Construction: 183 c. Sanctioned under SSA: 39 d. To be Provided by DWSA : 2394 Boys & Girls Toilet (Secondary): as on 20.06.2014 a. School Without DWS: 171 b. Under Construction: 113 c. Proposed under RMSA: 58 Drinking Water (Secondary): as on 20.06.2014 a. School Without DWS: 73 b. Under Construction: 57 c. Proposed under RMSA: 16 4. In respect of construction of 329 boys toilets in elementary schools are concerned, it is submitted that amount has to be sanctioned under 'Nirmal Bharat Abhiyan' by the Drinking Water and Sanitation Department, Government of India. In respect of construction of 329 boys toilets in elementary schools are concerned, it is submitted that amount has to be sanctioned under 'Nirmal Bharat Abhiyan' by the Drinking Water and Sanitation Department, Government of India. It is further submitted that the Drinking Water and Sanitation Department, State of Jharkhand will send a proposal for getting early sanction of the amount from Union of India, Drinking Water and Sanitation Department. 5. In so far as the girls toilets in the elementary schools are concerned, as per order dated 13.05.2014, the schools identified having no girls toilets were 3203. The Principal Secretary, Human Resources Development Department, Government of Jharkhand stated that after the order dated 13.05.2014, about 669 toilets has been constructed and now the figures has come down to 2534. It is further submitted that construction of those toilets will be covered under 'Sarva Siksha Abhiyan'. It is further stated that additionally 330 girls toilets in elementary schools are also under Construction and remaining girls toilets in the elementary schools i.e. about 2204 will have to be constructed, for which, sanction has been obtained under 'Sarva Siksha Abhiyan' and construction will be completed within a period of six months. 6. In so far as drinking water in government elementary schools is concerned, as per order dated 13.05.2014, number of school where drinking water was not available was 3012. The Principal Secretary, present in the Court, submitted that now the figures has come down to 2616. It is further submitted that drinking water in the remaining schools will be provided within six months, for which, steps will be taken within three months. 7. The Drinking Water and Sanitation Department and also the Human Resources Development Department shall ensure supply of drinking water be made available within four months. 8. So far as 2839 schools are concerned, the Drinking Water and Sanitation Department and also the Human Resources Development Department shall ensure supply of drinking water by the end of December, 2014 by taking appropriate steps. 9. So far as the construction of toilets in government secondary schools are concerned, funds are to be provided by 'Rashtriya Madhyamik Shiksha Abhiyan'. The Principal Secretary, Human Resources Development Department submitted that the amount has been sanctioned by Union of India under 'Rashtriya Madhyamik Shiksha Abhiyan' and the construction of toilets will be completed by December, 2014. 10. 9. So far as the construction of toilets in government secondary schools are concerned, funds are to be provided by 'Rashtriya Madhyamik Shiksha Abhiyan'. The Principal Secretary, Human Resources Development Department submitted that the amount has been sanctioned by Union of India under 'Rashtriya Madhyamik Shiksha Abhiyan' and the construction of toilets will be completed by December, 2014. 10. So far as drinking water for the secondary schools are concerned, it is submitted that it is covered under 'Rashtriya Madhyamik Shiksha Abhiyan' and the amount has been sanctioned by Union of India and work shall be completed by December, 2014. 11. The matter be listed on 16.10.2014. Since substantial progress is shown to be made in construction of toilets (boys and girls), the presence of Additional Chief Secretary, Drinking Water and Sanitation Department, Government of Jharkhand, Ranchi and Principal Secretary, Human Resources Development Department, Government of Jharkhand, Ranchi are dispensed with. However, responsible officer of the concerned department shall be present on the next date. 12. In the meanwhile, the Principal Secretary of the concerned departments shall also take appropriate steps for sanction of the amount for the day-to-day maintenance of the existing toilets.