E-Paper
Primary education fundamental right of citizens: HC
Hearing a public interest litigation (PIL) filed by one Chandra Kala highlighting conditions of primary schools in Shahjahanpur district of the state, a division bench comprising acting chief justice Manoj Kumar Gupta and justice Kshitij Shailendra observed, “Primary education is now a fundamental right of the citizens.”
PRAYAGRAJ: Observing that primary education was the fundamental right of citizens, the Allahabad high court has sought personal affidavit of the Uttar Pradesh chief secretary disclosing the policy of the state government, if any, in respect of carrying out regular maintenance and repair of primary school buyildings. The court has also directed the chief secretary to disclose as to how the state government proposes to resolve the issues.
Hearing a public interest litigation (PIL) filed by one Chandra Kala highlighting conditions of primary schools in Shahjahanpur district of the state, a division bench comprising acting chief justice Manoj Kumar Gupta and justice Kshitij Shailendra observed, “Primary education is now a fundamental right of the citizens. As per instructions furnished by the Basic Shiksha Adhikari (BSA), one room of the same building, which according to their own case is beyond repair, is being used for running classes. The petitioner has specifically pleaded in the writ petition that it is posing a threat to the life of the children studying there.”
Expressing concern over the state of affairs regarding primary schools, the court said, “The issue raised in the instant PIL, although of great public importance, appears to have no significance for the respondents.”
As per the PIL, a major part of the building of a primary school, in Jharsa, Gram Panchayat - Jaswantpur, block and tehsil – Puwanyan of Shahjahanpur district had fallen because of lack of regular upkeep and maintenance. The court observed that as per the instructions by the Basic Shiksha Adhikari (BSA), the inspection committee found that there were 30 other institutions which were in dilapidated condition so much so that the damage was beyond repair.
On this, the court observed that despite the inspection report, “the respondents conveniently turned a blind eye to the said report and permitted the building to fall down.”
In the inspection carried out on December 1 this year , the buildings were found to be beyond repair. The Basic Shiksha Adhikari submitted that as and when the state government provided the funds, new buildings would be constructed.
While directing to list this case as fresh case on January 4, 2024, the court in its order dated December 14 directed the state counsel to communicate this order to the chief secretary.
