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PIL seeks direction for construction of school building, Delhi HC issues notice
New Delhi: The Delhi High Court on Monday issued notice to Government of NCT Delhi on a Public Interest Litigation (PIL) sought direction for construction of government school building. The said school was running in the tent and ports cabin in Mustafabad, demolished in view to construct a new one, stated the plea.
Chief Justice Bench of Delhi High Court while issuing notice to Delhi government on Social Jurist PIL expressed displeasure on delaying construction of government school building in Mustafabad area of Delhi. The Court asked the Government to undertake necessary steps and file a status report within eight weeks. Next date 20 July 2023.
Delhi Government Standing Counsel Santosh K Tripathi assures the Court to start construction work very soon.
Advocate Ashok Agarwal appearing for PIL petitioner argued that the delay in construction of Delhi Government school building even for a day is unjustified when Rs 16.5 crores has been sanctioned way back in June 2021.
This PIL has been moved by the NGO Social Jurist against the Delhi Government and director of education.
It is stated that after schools building having been demolished with a view to construct new school building and after having sanctioned Rs 16,54,80,000 on 25.06.2021 to PWD for construction of 56 additional SPS classrooms, the construction work has yet not started.
It is said that it is a blatant failure on the part of respondents to discharge their constitutional and legal obligations to provide education to children of masses.
It is submitted by the petitioner NGO that respondent Director of Education, Government of NCT of Delhi, has sanctioned Rs 16,54,80,000 for construction of 56 additional SPS classrooms for running schools namely, GGSS/GBSS at Mustafabad.
However, till date no construction work has started despite the fact that school will cater educational need of thousands of students residing in and around Mustafabad, the petition stated.
It is also submitted that in the present case, in absence of school in vicinity of Mustafabad, the right of education of thousands of students residing in the area of Mustafabad is being affected.
That the inaction on the part of respondents violates fundamental right to education of students as guaranteed under Articles 14, 21 and 21-A of the Constitution of India read with provisions of Right of Children to Free and Compulsory Education Act, 2009, the petition stated.
It is respectfully submitted that earlier, schools namely Government Girls Secondary School (GGSS)/ Government Boys Secondary School (GBSS) Mustafabad was running in Tent House and Pota cabin on the land at which GGSS/GBSS, Mustafabad is scheduled to be constructed.
However, during the covid period the Pota cabin and Tent school was demolished and 2400 girl students of GGSS and 1900 boy students of GBSS were shifted to Rajkiya Sarvodaya
Vidyalaya, C-2, Yamuna Vihar, the petition stated.
The petitioner has also stated that Infact, Rajkiya Sarvodaya Vidyalaya, C-2, Yamuna Vihar being located at far distance, students who were transferred from Govt Schools at Mustafabad are suffering financially on account of daily commuting charges coming approx. Rs 80-100 besides facing other inconveniences.
And for reaching Rajkiya Sarvodaya Vidyalaya students have to cross narrow footover bridge and due to any negligence big mishappening can occur, the petitioner added.
It is also stated that Advocate Ashok Agarwal, Advisor to the petitioner personally visited Mustafabad area on 05.03.2023 and after meeting people and more particularly students, he came across information that students who were transferred from Govt Schools at Mustafabad are suffering financially on account of daily commuting charges coming approx. Rs 80-100 besides other inconveniences.
He was also informed that Mustafabad area is densely populated and MCD school adjoining to barren land where GGSS and GBSS was running is overcrowded and now locals are using it as dumping ground.
Therefore, to cater all the students of locality, school building is much required, the PIL said.
It is also said that petitioner wrote a letter March 6, 2023 requesting the respondents take up to issue on urgent matter and direct concern officer to forthwith start the construction of school building of Government Girls Secondary School and Government Boys Secondary School but no response has been received so far.
The petitioner has sought a directions to the respondents to forthwith start the construction of school building of Government Girls Secondary School and Government Boys Secondary School at Mustafabad.
It is said that in its absence right of education of thousands of students residing in and around Mustafabad is being affected.
It is submitted that locals of the Mustafabad area have also done signature campaign for immediate construction of GGSS and GBSS at Mustafabad but of no avail.
The PIL has submitted the action of respondents of non constructing school building is totally arbitrary, unjust and against the best principal of students of residing in and in neighbouring area of Mustafabad.
The inaction on the part of respondents violates fundamental right to education of students as guaranteed under Articles 14, 21 and 21-A of the Constitution of India read with provisions of Right of Children to Free and Compulsory Education Act, 2009, the PIL submitted. The alleged inactions are otherwise also bad in law, it added. (ANI)