No Headmaster, Zero Staff: Punjab & Haryana High Court Flags 'Sorry' State Of Govt School, Says Centre Duty-Bound To Provide Funds

In a scathing observation, the Punjab and Haryana High Court has flagged the dire condition of a government school in Amritsar's Tapiala operating without a headmaster, with just one teacher handling all students, no basic infrastructure, no separate toilet facilities for staff and one room available for three classes.

The Court said that the centre and state governments are both duty-bound to ensure compliance with the Right To Education Act (RTE) and directed to place the order before the Chief Justice to consider it as a PIL.

Justice N.S. Shekhawat said, "The facts of the present case clearly highlight the sorry state of affairs in the Government schools in the State of Punjab and it appears that the higher officers of the Education Department are completely oblivious of such conditions in Government schools, which are functioning without any teachers, Principals/Head Teachers, toilets and other basic amenities."

The Court highlighted that, "In Government Middle School, Village Tapila, only one room is available for three classes i.e. 6th to 8th class and only two toilets are available to the students. There is no separate toilet for staff members/teachers at the school."

It further noted that, shockingly, there is no Head Master/any other staff member in the school, and the Principal of some other Government Girls Senior Secondary School is having the additional charge of the post of Head Master of the present school.

The judge found that in the above school, only 9 students have been admitted to the present school. Since there is no infrastructure/teachers in the school, it is a matter of common knowledge that the parents may not be inclined to send their wards to the said school, which is further proved from the fact that only 09 students have been admitted in the school.

The Court believed that even those 09 students belong to the poorest/lowest strata of society, who probably might be coming to the school only to take the mid-day meal.

"Apart from that, it is a matter of common knowledge that the students of 6th to 8th class are taught various subjects. However, only 01 Hindi teacher is available in the entire school," it added.

State and Centre Government Have Concurrent Responsibility Under the Right To Education Act

Referring to Section 7 of the Right To Education Act, the Court said that it clearly provides that the Central Government and the State Government shall have concurrent responsibility for providing funds for carrying out the provisions of this Act.

"The Central Government shall prepare the estimates of capital and recurring expenditure for the implementation of the provisions of this Act and the Central Government is under a legal duty to provide to the State Governments, as grants-in-aid of the revenues from time to time in consultation with the State Government," it added.

The Court said that still further, Section 8 of the 'Act of 2009' clearly provides that it shall be the duty of the appropriate Government to ensure the availability of neighbourhood school as specified in Section 6; to provide infrastructure including school building, teaching staff and learning equipments; ensure and monitor admissions, attendance and completion of elementary education by every child; ensure good quality elementary education confirming to the standards and norms specified in the Schedule, ensure timely prescribing of curriculum and courses of study for elementary education.

State Must Ensure Quality Not Only Free But Quality Education Under RTE

The Court observed that even in a welfare State, the State Government must bear in mind that the younger generation of State of Punjab has to compete in the global market in the future and education is not a consumer service.

"Rather, the State Government should make all out efforts to improve the conditions of the educational institutions in the State of Punjab. Apart from that, in order to ensure the compliance of Article 21-A of the Constitution of India in true letter and spirit, it is imperative that all the schools in the State must have adequate number of well qualified teachers and must ensure the availability of the basic infrastructure at the same time," it added.

The judge pointed that apart from that, this right should not be restricted to provide free and compulsory education, but State must strive hard to ensure that the quality education is available to all the young children in the State, without any discrimination on the ground of their economic, social and cultural background.

In view of the above, the Court directed the Secretary, Department of Education, Government of Punjab to file the following:

(i) the complete details of all the Government Middle Schools in the State of Punjab, where less than five rooms are there (three rooms are required as classrooms, one for Head Teacher/staff members and one room for office as well as store room.

(ii) the details of the Government Middle Schools, where no regular Head Master has been posted.

(iii) the number and details of schools, where less than five teachers are posted in Government Middle Schools.

(iv) the details of the Government Middle Schools, where there are no separate toilets for boys, girls and staff.

(v) list of the Government Middle Schools, where less than 50 students have been enrolled in the present academic session and whether any steps have been taken to get more students enrolled in such schools.

(vi) the details of the Government Middle Schools, where there is no provision for clean drinking water for the children.

(vii) the number and details of the schools, where no sweeper has been provided for cleaning the toilets.

(viii) whether separate funds have been provided by the State for purchasing toilet cleaning material in the schools.

(ix) the details of the middle schools where no play ground is available for the students.

(x) whether any provisions have been made by the State to set up napkin vending machines in the Government Middle Schools for girls students only.

The main case is directed to be listed before the appropriate Bench for further consideration on October 14.

Mr. Sunny Singla, Advocate for the petitioner.

Mr. Surya Kumar, AAG, Punjab.

Title: VIKRAMJEET SINGH VS STATE OF PUNJAB AND ORS.

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