ORDER :

GUJARAT:

1. In pursuance of the directions of this Court, an affidavit has been filed by the Chief Secretary, Government of Gujarat, in which it is indicated that there are total number of 32,749 primary schools in the State of Gujarat, out of those schools drinking water facility is available in 31,909 schools and in the remaining 840 schools there is no drinking water. Similarly, toilet facility is available in 32,092 schools whereas 657 schools are without toilets. 31,776 schools have electricity whereas 973 schools are without electricity. 22,583 schools have play grounds whereas 10,166 schools do not have play ground; 28,805 schools have boundary walls whereas in 3944 schools there is no boundary wall; 30,314 schools have ramps for physically challenged children whereas 2435 schools do not have that facility.

2. In the affidavit it is also indicated that in each primary school there are adequate number of teachers and to bridge the gap between the requirement, as per the Right to Education Act and actual availability, the State of Gujarat has recruited about 16,000 teachers before the beginning of the current academic year and the State has planned to recruit about 13,000 teachers in the year 2011-12 for filling the vacancies arising due to retirement and upgradation of 6,500 schools to Class VIII (Middle School). It is further mentioned in the affidavit that freshly cooked Mid-Day meals is served to the children in all Government primary schools.

3. We direct the State of Gujarat to remove the deficiencies with regard to the infrastructural facilities in the primary schools as expeditiously as possible, in any event, within three months from today.

CHHATTISGARH:

4. The Chief Secretary of the State of Chhattisgarh has filed an affidavit annexing therewith a chart, in which it is indicated that there are total number of 47,141 primary and upper primary schools in the State. Out of them drinking water facility is available in 38,022 schools whereas the remaining 9,119 schools do not have drinking water facility. Similarly, toilet facility is available in 27,415 schools whereas 19,726 schools are without toilets; 12,484 schools have electricity whereas 34,657 schools are without electricity; 9,955 schools have boundary walls whereas in 37,186 schools there is no boundary wall.

5. In the chart it is also indicated that the sanctioned strength of the Headmasters for the Primary Schools is 32,540 whereas only 17,334 Headmasters are working and remaining 15,206 posts of Headmasters are vacant. Similarly, the sanctioned strength of the Assistant Teachers/SKG-3 is 89,768 while the working strength is 82,728 and the vacancies are to the tune of 740.

6. In the Upper Primary Schools, the sanctioned strength of Headmasters is 13,391 whereas the working strength is only 6,681 and there is vacancies of 6,710 posts. The sanctioned strength of Teachers/SKG-2 is 57,617 whereas the working strength is 47,670 and 9,947 posts of Assistant Teachers/SKG-2 are vacant.

7. The situation in the State of Chhattisgarh is extremely alarming and unless all the vacancies are filled up on priority basis and basic infrastructural facilities are provided in the schools, the State would not be able to preserve and protect the fundamental rights of the children guaranteed under Article 21(A) of the Constitution of India. We, therefore, direct the State to take immediate steps to fill up the vacancies and ensure that basic infrastructural facilities are augmented within three months from today. The Chief Secretary is directed to file a further affidavit on or before 30th June, 2011. We make it clear that no further time will be granted for this purpose.

KEARLA:

8. In pursuance of the directions of this Court, the Chief Secretary of the Government of Kerala has filed a comprehensive affidavit, the relevant paragraphs of which are extracted hereunder :

"4. In pursuance of the above judgment the details regarding basic facilities such as water, toilets, urinals, ele