Concerned Over Students Wading Through Marshy Land, Calcutta High Court Seeks State Reply

In a significant public interest litigation, the Calcutta High Court has expressed deep concern over the plight of students forced to wade through marshy land to access their school's midday meal facility. A Division Bench comprising Chief Justice Ravindra V. Ghuge and Justice Tapabrata Chakraborty issued directions to the West Bengal government to file a detailed affidavit on the matter.

Students Forced to Wade Through Marshes for Meals

The PIL, filed by Rabindranath Saha, highlighted that Baneswarpur RDBPM School in South 24 Parganas is surrounded by marshy land with no access road connecting it to the nearest main road. Students of both Baneswarpur RDBPM School and the nearby ROSA Dogachha FP School must traverse this difficult terrain to reach the newly constructed building where midday meals are served. The petition underscored the physical hardship and safety risks faced by children daily.

Court's Concern for Students' Future

The Bench recorded its serious apprehensions about the school's environment. "We are concerned about the school being conducted in a healthy atmosphere and secure the future of the students who are taking education in the two schools," the court observed. It further noted that students face "great difficulty because there is no access road for the students" while commuting for midday meals.

The court allowed the petitioner to implead the District Panchayat and Rural Development Officer, South 24 Parganas, as a respondent to ensure all relevant authorities are part of the proceedings.

State Given Time to Respond

Learned State Advocate (Panel-A) submitted that the PIL is not adversarial and that the government would file a proper affidavit within two weeks. The court accepted this submission and directed that the affidavit-in-opposition be filed on or before September 24, 2026.

The Bench also instructed the petitioner's counsel to prepare a sketch map showing the portion of the road that has been concretised, the exact location of both schools, and their respective distances from the concretised road. This map will aid the court in understanding the ground situation.

Mapping the Road Ahead

The case has been listed under the "Urgent Admission" category for September 28, 2026. The court's proactive stance signals a push for immediate administrative action to ensure safe and dignified access to education for these students.

The order underscores the judiciary's role in safeguarding fundamental rights, particularly the right to education under Article 21A of the Constitution, and highlights the state's duty to provide basic infrastructure for schools.