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2022 DIGILAW 74 (TRI)

In Re: Court On Its Own Motion v. .

2022-02-14

INDRAJIT MAHANTY, S.G.CHATTOPADHYAY

body2022
JUDGMENT I. Mahanty; CJ. - Pursuant to the directions of this Court dated 11.01.2022 this Court had directed the Chairman of the District Legal Services Authority to go and visit the schools concerned i.e. Kamalnagar H.S. School in Sepahijala District as well as Baijalbari H.S. School in Khowai District. Pursuant to the aforesaid directions, reports have been sent by the Chairman of the District Legal Services Authority. Insofar as Kamalnagar H.S. School is concerned, the report suggests that insofar as insufficiency of teachers are concerned, the State has taken immediate steps to provide necessary teachers and they have also joined and, therefore, the main ground on which the children had to agitate appears to have been resolved by the appointment of necessary teachers who are otherwise not available. Insofar as infrastructure is concerned, we find from the report that apparently adequate infrastructure is available and we also note that the toilets provided for both the boys and girls appear to have been found neat and clean and necessary water supply also exists. 2. In the said report, the only deficiency noted was that there was no computer teacher nor any physical instructor posted in the school but it appears that one PGT(Bengali) and one GT are looking after the computer section and sports matters of this school. We call upon the State to look into this aspect and ensure that whatever is needed in this matter is also taken up and dealt with urgently. Apart from the above, we find that this school does not have a boundary wall nor a cycle stand. Obviously, formations of boundary wall and cycle stand are absolute necessities. Consequently, we also direct the appropriate authorities in the State to take immediate necessary steps to construct a boundary wall and to hold adequate number of cycles as may be determined. Although the class-rooms appear to have adequate number of fans and lighting, the report suggests providing either a generator or solar power to act as an alternative power source. 3. We place on record our gratitude to the Chairman of the District Legal Services Authority for having undertaken the task for visiting the institution and carrying out physical evaluation on the site. We also commend the educational authorities for having provided the necessary amount of teachers to the said institution. We hope that the other deficiencies noted hereinabove will be met with at the earliest. We also commend the educational authorities for having provided the necessary amount of teachers to the said institution. We hope that the other deficiencies noted hereinabove will be met with at the earliest. 4. Insofar as Baijalbari H.S. School is concerned, we have also received a report from the Chairman of the District Legal Services Authority. It appears from the report that in the year 2006, fire broke out in the said school and four class-rooms were totally damaged but till date no repair has been carried out thereon. Apart from that, it appears that all the class-rooms are in a dilapidated condition. Floors are damaged, ceilings are also damaged and class-rooms also do not have window pans and in certain cases no windows and the said area is infested with mosquitoes and insects. The report further suggests that although most of the class-rooms have electric fans but maximum numbers of fans are nonfunctional and lighting in the class-rooms is totally insufficient. 5. It is further stated that the condition of the class-rooms are unhygienic and horrible. It is further shocking to note from the report that although two smart class-rooms were constructed in the year 2018, the same have not been put to use for almost four years since there is no electric connection. Apart from that, there appear to be 10 computers which have been given to the school but only one computer is operational and that too is not in a good condition. Position of drinking water is also similar as supply of drinking water is not sufficient. Toilets are found to be totally unhygienic. The toilet used by the staff is just adequate but the toilets used by the students are in a broken down condition and there is no separate toilet for girl students. The staff-rooms also do not have adequate furniture nor any suitable furniture for their use. Insofar as staff strength is concerned, it appears that 16 teachers have been posted to the noon-shift and 5 teachers are posted in the morning-shift and no major discrepancy has been found. The situation at Baijalbari H.S. School appears to be very serious and grave. This Court directs the Registry to make copies of both the reports of Kamalnagar H.S. School as well as Baijalbari H.S. School. Copy of the reports be handed over to learned Government Advocate. The situation at Baijalbari H.S. School appears to be very serious and grave. This Court directs the Registry to make copies of both the reports of Kamalnagar H.S. School as well as Baijalbari H.S. School. Copy of the reports be handed over to learned Government Advocate. We direct that the deficiencies pointed out in such report be brought to the notice of the appropriate authorities and this Court hopes and trusts that the needful will be done at the earliest. 6. This Court also records the appreciation of the action taken by the Chairman of the District Legal Services Authority and also commends the State Government for having appointed the shortfall of teachers to this school. However, a lot remains to be done and we remain assure that necessary steps will be taken up by the State and the appropriate authority to meet with the difficulties at the earliest. 7. It may be appropriate to note herein that the present PIL has been registered by this Court based on a newspaper reports of students of schools in various parts of the State of Tripura and their parents having to go on agitation mode to meet essentially the shortfall requirement of teachers and other infrastructural shortfalls, if any. We hope and trust that the State may make these two schools as an example and carry out inspection of all State Government schools within the State of Tripura by appropriate authorities and take such remedial steps vis-a-vis wherever shortfall of teachers exist to meet that contingency as well as wherever infrastructural needs are required the same shall also be reviewed from time to time. 8. While disposing of the writ petition we direct that an affidavit of compliance be filed before this Court within a period of 4(four) months and on such compliance affidavit being filed, the same may be placed before this Court for its consideration. Copy of the order be given to the learned Government Advocate. 9. With these observations, petitions stands disposed of. Pending application(s), if any, also stands disposed of.