The central legal point established in the judgment is the obligation of the State to execute plans for the repair and resurrection of neglected primary and secondary education schools, emphasizing the impact of non-utilization of public funds and the need for budgetary planning and execution of plans.

RAVI S.DHAVAN, J.

1. On this affirmative action there are reports of about 54 instances of neglected schools in Patna alone. These are basically Primary and Secondary Education schools run largely by the State Government, otherwise with the aid of the State Government grants. These schools suffer from abject neglect. Day after day the newspapers in Patna have reported that Primary and Secondary Education suffers badly as the infrastructure is just not available. In this case are noticed facts as up to March 2002. The list of neglected schools is increasing and further reports are on record.

2. In some instances the school buildings have disappeared, other schools are without roof yet others are without doors and windows and in some cases one room housing two classes with children sitting in the opposite direction, because the rest of the building has fallen down. And, there are examples of one room schools with children receiving instructions by shifts. There are cases where schools are without facilities like drinking water, lavatories, blackboards, school desks etc. The Court is not going into the details as in the present matter no issue has been taken by the Government in the affidavits which were filed in response to this affirmative writ action.

3. The Secretary, Primary and Adult Education, Government of Bihar, accepts and records that even in Patna itself about 21 Schools mentioned in the news report, whatever be the reason, are facing a State of neglect. It is accepted that "majority of schools do not have proper infrastructural facilities. Most of the buildings/rooms are in urgent need of repairing and re-construction. Some of the schools do not have building (sic) of their own." It is also accepted in the report of the Secretary that" schools do not have separate rooms for each class. So it is common practice to group the students in one room by different grades and classes". It is further reported that "most of the schools also suffer inadequacy of (sic) blackboards, drinking water, electricity, toilets facilities and sitting (sic : should be seating) arrangements for students. The children are not provided benches/desks to sit on classes". Then it is further accepted that" there are cases where more than one school is accommodated in the same building.

4. Other problems are mentioned by the Secretary in his affidavit, that there is encroachment of lands of the Government schools by unauthorised persons; schoolcampus being used by antisocial elements and garbage is dumped on the ground of the schools; school grounds are being used as open lavatories by the public and classes are being held outside the schools while encroachers have occupied the schools. Then the Secretary contends that the department had commissioned a survey of all Primary and Middle schools of Patna urban area in the month of August 2001 and that the department has prepared a detailed plan for enhancement of elementary education institutions of Patna under the "Sarb Siksha Abhiyan".

5. The lack of repair of the schools buildings is accepted. It is also accepted that the 365 Primary/Middle Schools within Patna urban area, 68 have no buildings of their own and 30 are being run from buildings other than that of the schools.

6. Then it is contended that as far as availability of funds for construction of school buildings is concerned, the Government has launched a scheme of "Sarb Siksha Abhiyan" with financial assistance from the Central Government in which it is proposed that all schools will have buildings of their own in a phased manner between financial year 2002-10. A rider has been indicated that such construction is however subject to land being available by public donation for which appeals have been reiterated by the State Government. Then there are statistics given acknowledging that of the 365 schools in Patna urban area, 78 schools are without toilet facilities and 71 schools are without drinking water facilities and that the Gove