( 1 ) IT is a very sorry state of affairs that in the capital of the country, despite the petition being filed by a citizen, required actions have not been taken up by any of the authorities and school children are required to sit either under tin-sheds or in open for the purpose of education.

( 2 ) SO far as the Director of Education is concerned, it is pointed out that there are in all 11000 schools which are operating in 633 sites in two shifts. 357 schools have pucca buildings while 251 schools are running in semi pucca buildings. 21 schools are running in tin-sheds on the ground that the lands are not made available to the government or there is a dispute. It is required to be noted that in th 2 city, there are many private schools and it is on account of this, the burden of the Government or the MCD is reduced a lot. Articles 41, 45 and 46 of the Constitution of India are required to be reproduced at this juncture. Article 41: "right to work, to education and to public assistance in certain cases the State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want. " article 45 : "provision for free and compulsory education for children The State shall endeavour to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years. " article 46 : Promotion of educational and economic interests of Scheduled Castes, scheduled Tribes and other weaker sections The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation. "

( 3 ) COURT has to interpret so as to advance the provisions made in the constitution. If the children who are attending the schools are not provided a good class-room with sitting arrangements or a playground, it would not be possible for the students to get proper education. Other facilities such as sanitation and pure water are also required to be provided by the school authorities. In absence of adequate facilities, if the children are sent to the schools, it means torture on them. They are not expected to do any hard work at this age. But they are expected to be trained with love and affection and by providing necessary infrastructure so that they can have love and affection for the School/institute and they attend the school regularly and drops out are minimised. It is for this reason the Government should provide adequate facilities. Government may have an idea to provide a school in open, but it should be like a shanti Niketan . It is not proper to say that because the buildings are not available, they will ask to sit in the lawns or a tree. But there must be a proper atmosphere.

( 4 ) IT is stated at the bar on behalf of the Director of Education that 49 sites have been allotted, possession of which have been taken. In this year. . 22 sites have been taken in possession. About 800-1000 students will be accommodated in two shifts in one building. PWD, as reported, is a responsible agency for carrying out the construction activities. Today, the Counsel for the PWD has not chosen to remain present before the Court. However, one Mr. M. C. T. Pareva, SE/pwd is present in court on behalf of the PWD. The grievance made by the Govt. of NCT of Delhi is that it is for the PWD to see that the buildings are erected in time. Therefore, so far as the Director of Education, Govt. of NCT of Delhi is concerned, we direct that director of Education as well as the Chief Engineer/pwd shall file an affidavit before this Court, to the effect that within a period of five months from today, they shall see that all

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