'Primary Education Fundamental Right Of Citizens': Allahabad HC Seeks UP Govt's Reply On Shahjahanpur School's Dilapidated Condition

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

The bench comprising Acting Chief Justice Manoj Kumar Gupta and Justice Kshitij Shailendra observed that “the issue raised in the instant PIL, although of great public importance, appears to have no significance for the respondents.”

A major part of the building of Primary School, Jharsa, Gram Panchayat Jaswantpur, Block & Tehsil Puwanyan, District Shahjahanpur had fallen because of lack of regular upkeep and maintenance. The Court observed that as per the instructions by the Basic Shiksha Adhikari, the inspection committee found that there were 30 other institutions which were in dilapidated condition so much so that the damage was beyond repairs.

The Court observed that despite the inspection report, “the respondents conveniently turned blind eyes to the said report and permitted the building to fall down.”

It was observed that the in the inspection carried out on 1^st December 2023, the buildings were found to be beyond repairs. The Basic Shiksha Adhikari submitted that as and when the State Government provides the funds, new buildings 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 Para 5 of the writ petition that it is posing threat to the life of the children studying there.”

Accordingly, the Court called upon the Chief Secretary, Government of Uttar Pradesh to file his personal affidavit disclosing the policy of the State Government, if any, in respect of carrying out of regular maintenance and repairs of the buildings of primary schools. The Court has also directed the Chief Secretary to disclose as to how the State Government proposes to resolve the issues.

Case Title: Chandra Kala v. State Of U.P. And 2 Others [Public Interest Litigation (PIL) No. - 2673 of 2023]

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