Allahabad High Court directs UP Chief Secretary to file personal affidavit in PIL highlighting conditions of primary schools in Shahjahanpur

The Allahabad High Court has directed the Chief Secretary, Government of Uttar Pradesh to file a personal affidavit in a Public Interest Litigation (PIL) plea highlighting conditions of primary schools in District Shahjahanpur, Uttar Pradesh.

The Division Bench of Acting Chief Justice Manoj Kumar Gupta and Justice Kshitij Shailendra passed this order while hearing a PIL filed by Chandra Kala.

The issue raised in PIL, although of great public importance, appears to have no significance for the respondents. Admittedly, a major part of the building of Primary School, Jharsa, Gram Panchayat Jaswantpur, Block & Tehsil Powayan, District Shahjahanpur had fallen because of lack of regular upkeep and maintenance.

The Court noted that,

The instructions furnished by Basic Shiksha Adhikari to the standing counsel reveals that an inspection was made by a Committee on 19.09.2020 in which the present institution along with thirty other institutions were found to be in dilapidated condition and beyond repairs. However, the respondents conveniently turned blind eyes to the said report and permitted the building to fall down.

After three years, they allege that another inspection was carried out on 1.12.2023 in which also the building was found to be beyond repairs. They claim that they have requested for finances from the State Government and as and when, the same is approved, a new building would be constructed.

Primary education is now a fundamental right of the citizens. As per instructions furnished by B.S.A, one room of the same building, which according to their own case is beyond repairs, is being used for running classes. The petitioner has specifically pleaded in the writ petition that it is posing threat to the life of the children studying there.

The Court called upon the Chief Secretary, Govt of U.P, Lucknow to file his personal affidavit and disclose the policy of the State Government, if any, in respect of carrying out regular maintenance and repairs of the buildings of primary schools. He will also disclose in his affidavit how the State Government proposes to resolve the issue, as the Court is of the opinion that it should be attended to without any delay.

The Court has fixed the next hearing of the petition on January 04, 2024.

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