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2017 DIGILAW 4111 (MAD)

M. Kalaichelvi v. Secretary, Ministry of Human Resource & Development, New Delhi

2017-12-04

INDIRA BANERJEE, R.HEMALATHA

body2017
JUDGMENT : 1. This writ petition has been filed seeking orders directing the respondents to install Close Circuit Television (CC TV) cameras in all public, private schools and other educational institutions within a time frame stipulated by this Court. Orders have been sought in the light of reports of incidents of sexual harassment and other forms of harassment of school children. 2. Installation of CC TV cameras may be of some assistance. However, whether, installation of CC TV cameras alone can remove the menace of harassment of children is a matter of examination. 3. A similar writ petition being W.P.No.5243 of 2015 filed in this Court earlier, seeking similar reliefs, was disposed of by an order dated 27.02.2015, whereby the Principal Secretary, Department of School Education, was directed to take a decision on the representation of the writ petitioner therein. 4. In the letter dated 24.7.2015 of the Principal Secretary to the Government, School Education Department, written pursuant to an order of a Division Bench in W.P.No.5243 of 2015 dated 27.2.2015, it is stated that installation of CC TV cameras in all classrooms and in the school premises would be prohibitively expensive. 5. It is for the authorities of the Education Directorate/Department to take a call on the feasibility of installation of CC TV cameras in all schools and educational institutions taking into account all relevant factors, including the extent of the need for installation of CC TV cameras, whether installation of CC TV cameras can eliminate abuse and harassment altogether, as also the expenditure in the installation of such CC TV cameras. The expenditure on installation of CC TV cameras in every educational institution would have to be estimated and a decision taken as to whether incurring of such expenditure on installation of CC TV cameras, in preference to improvement of infrastructure, and acquisition of better equipment, library books, etc., is for improvement of standard of education at the institutions. Since a decision has already been taken, any further direction on the respondents to take a decision would be an exercise in futility. 6. As rightly pointed out in the letter of the Principal Secretary, School Education Department, referred to above, the cost of CC TV cameras in private institutions would ultimately be passed on to the students, who would have to pay higher fees. 6. As rightly pointed out in the letter of the Principal Secretary, School Education Department, referred to above, the cost of CC TV cameras in private institutions would ultimately be passed on to the students, who would have to pay higher fees. It is, therefore, doubtful whether such mandatory orders for installation of CC TV cameras in all educational institutions all over the State can be passed at the instance of one public-spirited citizen, without consulting the body of guardians, who would have to pay the higher fees for such facilities. 7. The writ petition is not entertained and the same is dismissed. However, dismissal will not prevent the authorities from taking any decision for the installation of CC TV cameras, if deemed expedient. No costs.