Deplorable condition of Govt. Schools at Noida-SJ Letter Petition to CJI

[Social Jurist]

 

23.03.2007

 

To

 

HON’BLE THE CHIEF JUSTICE OF INDIA

SUPREME COURT

NEW DELHI - 110001

 

Sub:   Letter petition highlighting the deplorable conditions of the State run schools at Noida (U. P.) resulting in violation of right to education of the children

 

Most Respected Sir,

 

Social Jurist is an organisation of lawyers and social activists dedicated to the cause of the oppressed and the exploited sections of society. In the past ten years, it has been taking up various issues concerning right to education of the children particularly of the children belonging to under privileged sections. It is submitted that the Right to Education Task Force (RETF) is a unit of Social Jurist and its members work for the improvement of government run schools. The undersigned is an advisor of the Social Jurist and also Convenor of RETF.

 

The present letter petition has highlighted the fact that the State run schools at Noida are lacking in basic physical and academic infrastructure resulting adversely to the education of the children studying therein. It is submitted that the children studying in these schools, by and large, belong to very economically poor strata of society. It is submitted that despite Supreme Court ruling in 1993 in case of Unnikrishnan J. P. holding that the right to education is a fundamental right flows from Article 21 of the Constitution and also despite incorporation of Article 21A in the Constitution of India in December 2002 mandating the State to provide free and compulsory education to all the children between 6 to 14 years of age, the standard of education in Government run schools is very poor. It is submitted that even the basic amenities like toilet block, drinking water, desks, electricity, fans, playground and cleanliness etc. are not available in the schools. It is submitted that in order to realize right to education, the State is obliged to provide satisfactory educational environment to the children. It is submitted that in the absence of satisfactory environment, the children studying in these schools are virtually pushed out to join the army of child labour.

 

It is respectfully submitted that RETF team led by Shri Neeraj Bedi visited ten government schools in Noida area of Uttar Pradesh and found that several thousands of children belonging to underprivileged sections studying therein are denied the basic educational facilities like classrooms, pucca building, play grounds, desks, toilet blocks, drinking water etc. It is also submitted that adequate number of teachers are not available in schools and whatever number are available, most of them are deployed to non educational work, the classrooms are in bad condition and moreover the same are overcrowded with children ranging 75 to 110 in each class.  It is further submitted that the teachers are not taking interest in teaching and the standard of education is very poor. The details of the schools and the irregularities as found by the RETF are given as under.

 

1. Junior High School, Harola, NOIDA

 

1. Only five classrooms for 412 students
2. Roof of 3 rooms badly damaged, seepage during rains floods the rooms.
3. All window panes of classrooms are broken
4. Total number of teachers 9. Seven of the 9 teachers are generally engaged in Pulse Polio program.

 

2. Primary School, Harola Sector 5, NOIDA

 

1. Only 22 teachers for 1630 students. Most of these teachers are deployed for the work of pulse polio and preparation of election I.D. Card.
2. No sweeper.
3. All window panes in classrooms are broken.
4. No electricity and only one water tap for drinking water.

 

3. Junior High School Gautam Budh Nagar

 

1. No proper outlet for rainwater, flooding during rains is common in school.
2. Hand pump for drinking water supplying muddy, unsafe water.
3. Garbage of Barat Ghar is thrown in the school, endangering the health of children.
4. High tension electricity wires passing by the school rooms are dangerous for children.
5. All window panes of classrooms are broken.
6. No sports goods, no almirah available in the school.

 

4. Junior High School Morna, Gautam Budh Nagar

 

1. Total number of students – 200.
2. Total number of teachers – 6. One teacher is posted at some other school temporarily and 2 teachers are engaged in Pulse Polio program. Due to deployment of teachers  in non educational works, the education of the students badly suffer.
3. Drinking water through hand pump which is not safe.
4. No electricity in the school building.
5. Improper Toilet block.
6. No sports goods for children.
7. Insufficient furniture for students in classrooms.

 

5. Primary Model School Morna, Sector 35,NOIDA

 

1. Only one tap for drinking water.
2. Insufficient furniture in classrooms for students.
3. No sweeper for the school.
4. No bulbs and fans in classrooms of old building of the school.

 

6. Middle school, Hoshiarpur, NOIDA

 

1. No proper drinking water for children of school.
2. No water in toilets.
3. Gram Panchayat uses school for marriage functions and damaging the school property.
4. Insufficient furniture for students in classrooms.
5. No sweeper for the school.
6. No Chowkidar. Anti social elements enter the school after school hours, damage school property and write vulgar messages on walls of school building. The boundary wall should be raised.

 

7. Primary School, Gijhod, NOIDA

 

1. Total number of students – 577.
2. Improper drinking water arrangement for students in school.
3. Insufficient rooms for students.
4. No electricity in the school building.

 

8. Middle school, Gijhod, NOIDA

 

1. Faulty electrical wiring and installation in school building.
2. Broken electricity boards in classrooms.

 

9. Govt. Middle School Jhandpura, Sector 11, NOIDA

 

1. All window panes of classrooms are broken.
2. Garbage lying all around the school.
3. Insufficient and improper drinking water facility in school.
4. Open, dangerous electricity wiring in classrooms.
5. Water logging in the school during rains.
6. Open drain in front of the school.
7. An employee is using a classroom as his family residence.

 

10. Model Primary school, Gautam Budh Nagar, Sector 12 NOIDA

 

1. No electricity in the school.
2. Insufficient and improper drinking water facility for students.
3. All window panes of classrooms are broken.
4. No sports goods available for children

 

It is respectfully submitted that the Principals of the aforementioned schools have informed the RETF team that they have written several letters to the higher authorities pointing out serious short comings in the schools but the authorities have not taken any action thereupon. The Principals of these schools have requested in writing to the Social Jurist to take up the cause of the children studying in these schools.  It is also submitted that the RETF team took photographs of some of these schools indicating the deplorable and horrible condition of the schools. Letters received from the Principals and the photographs taken are enclosed hereto.

 

It is submitted that the right to education is a fundamental right under Article 21 and 21A of the Constitution of India. It may be appreciated that this is a basic human right, which is essential for every human being. It is submitted that the State is obliged to create and provide conditions under which the children can realize their constitutional right to education. In the present case, the aforementioned details of these ten schools clearly indicate that the State of Uttar Pradesh has failed to provide educational environment to the children resulting in violation of fundamental right of the children. It is submitted that the government schools ought to be so attractive that the parents would like to send their children to such schools and not to work. Unfortunately, this has not been happening because of utter neglect on the part of the Government. It is also submitted that government schools are the only hope for the children of the masses and, therefore, it is imperative on the State to ensure improvement of these schools.

 

Respected sir, I sincerely believe that without your Lordship’s intervention, the State government would not take any interest in improving these schools and the underprivileged children would continue to be without basic educational facilities.

 

It is, therefore, most humbly requested that your Lordship may graciously be please to treat the present letter as a Public Interest Litigation and appropriate directions/orders as may deem necessary by your Lordhsip may kindly be issued against the State of Uttar Pradesh.

 

Thanking you

 

With warm regards,

 

 

 

Ashok Agarwal

Advocate

Advisor, Social Jurist

M: 9811101923