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2022 Supreme(Tri) 427

HIGH COURT OF TRIPURA AGARTALA
I. Mahanty, CJ., S.G. Chattopadhyay, J.
In Re: Court On Its Own Motion - Appellant
Versus
. - Respondent
WP (C) (PIL) No. 23 of 2021
Decided On : 14-02-2022

Advocates appeared:
D. Bhattacharya, G.A. and S. Saha, Advocate, for the Appellant

The court emphasized the right to education and the government's duty to address infrastructural and staffing deficiencies in schools, establishing judicial oversight in public educational standards.

Headnote:(A) Constitution of India - Article 21 - Right to Education - Public Interest Litigation regarding educational infrastructure and teacher shortages in schools - Report on deficiencies in Kamalnagar and Baijalbari Schools indicates improvements in teacher appointments but serious infrastructural issues persist, such as damaged classrooms and inadequate hygiene. (Paras 1-6)

(B) Educational Oversight - Courts may mandate governmental bodies to ensure compliance with educational standards and to take timely action regarding infrastructural requirements. (Paras 4, 5, 7)

Facts of the case:
The petition concerns complaints from parents about teacher shortages and poor infrastructure in two schools, prompting the Court to direct investigations.

Findings of Court:
While teacher shortages have been addressed, significant infrastructural deficiencies remain in Baijalbari H.S. School.

Issues: The main issues were the adequacy of teacher appointments and the state of school infrastructure.

Ratio Decidendi: Courts have a role in ensuring compliance with educational norms and can compel the state to rectify deficiencies.

Result: Petition disposed of with directions for compliance and further action.

Table of Content
1. immediate action required for educational deficiencies. (Para 1 , 2)
2. acknowledgment of efforts and need for improvements. (Para 3 , 6)
3. severe condition of baijalbari h.s. school noted. (Para 4 , 5)
4. state's responsibility in ensuring educational standards. (Para 7)
5. court's directive for compliance and end of proceedings. (Para 8 , 9)

JUDGMENT

I. Mahanty; CJ. - Pursuant to the directions of this Court dated 11.01.2022 this Court had directed the Chairman of the District Legal Services Authority to go and visit the schools concerned i.e. Kamalnagar H.S. School in Sepahijala District as well as Baijalbari H.S. School in Khowai District. Pursuant to the aforesaid directions, reports have been sent by the Chairman of the District Legal Services Authority. Insofar as Kamalnagar H.S. School is concerned, the report suggests that insofar as insufficiency of teachers are concerned, the State has taken immediate steps to provide necessary teachers and they have also joined and, therefore, the main ground on which the children had to agitate appears to have been resolved by the appointment of necessary teachers who are otherwise not available. Insofar as infrastructure is concerned, we find from the report that apparently adequate infrastructure is available and we also note that the toilets provided for both the boys and girls appear to have been found neat and clean and necessary water supply also exists.

2. In the said report, the only deficiency noted was that there was no computer teacher nor any physical instructor posted in the school but it appears that one PGT(Bengali) and one GT are looking after the computer section and sports matters of this school. We call upon the State to look into this aspect and ensure that whatever is needed in this matter is also taken up and dealt with urgently. Apart from the above, we find that this school does not have a boundary wall nor a cycle stand. Obviously, formations of boundary wall and cycle stand are absolute necessities. Consequently, we also direct the appropriate authorities in the State to take immediate necessary steps to construct a boundary wall and to hold adequate number of cycles as may be determined. Although the class-rooms appear to have adequate number of fans and lighting, the report suggests providing either a generator or solar power to act as an alternative power source.

3. We place on record our gratitude to the Chairman of the District Legal Services Authority for having undertaken the task for visiting the institution and carrying out physical evaluation on the site. We also commend the educational authorities for having provided the necessary amount of teachers to the said institution. We hope that the other deficiencies noted hereinabove will be met with at the earliest.

4. Insofar as Baijalbari H.S. School is concerned, we have also received a report from the Chairman of the District Legal Services Authority. It appears from the report that in the year 2006, fire broke out in the said school and four class-rooms were totally damaged but till date no repair has been carried out thereon. Apart from that, it appears that all the class-rooms are in a dilapidated condition. Floors are damaged, ceilings are also damaged and class-rooms also do not have window pans and in certain cases no windows and the said area is infested with mosquitoes and insects. The report further suggests that although most of the class-rooms have electric fans but maximum numbers of fans are nonfunctional and lighting in the class-rooms is totally insufficient.

5. It is further stated that the condition of the class-rooms are unhygienic and horrible. It is further shocking to note from the report that although two smart class-rooms were constructed in the year 2018, the same have not been put to use for almost four years since there is no electric connection. Apart from that, there appear to be 10 computers which have been given to the school but only one computer is operat

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