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IN THE HIGH COURT OF MANIPUR AT IMPHAL
NOBIN SINGH, J.
Shri N.G. Ningshok & Anr. - Petitioners
Versus
The State of Manipur, represented by the Chief Secretary & Ors. - Respondents
W.P. (C) No. 240 of 2015
Decided On : 15-07-2016
Right to Education - School Infrastructure - Right of Children to Free and Compulsory Education Act, 2009 - Section 8(d) - Article 21A - [Section 8(d), Article 21A] - The court discussed the provisions of the Right of Children to Free and Compulsory Education Act, 2009, emphasizing the duty of the appropriate Government to provide infrastructure including school building, teaching staff, and learning equipment. The court highlighted the constitutional right to education under Article 21A and the justiciability of the right to free and compulsory education for children. The judgment emphasized the importance of the Act in guaranteeing access to quality education and the obligation to provide required infrastructure and comply with specified norms and standards in schools. The court found that the respondents' failure to fulfill the objectives of the Act and their inaction had deprived the children of their right to education, leading to a decision to direct the construction of school facilities and provision of educational materials within a specified timeframe.
Fact of the Case:
The petitioners sought a writ of Mandamus to compel the construction of school facilities and provision of educational materials for a primary school in Ukhrul, Manipur, citing the Right of Children to Free and Compulsory Education Act, 2009.
Finding of the Court:
The court found that the respondents had failed to fulfill their duties under the Act, resulting in the deprivation of the children's right to education.
Issues: Failure to provide school infrastructure and educational materials, Violation of the Right of Children to Free and Compulsory Education Act, 2009
Ratio Decidendi: The court relied on the provisions of the Right of Children to Free and Compulsory Education Act, 2009, and the constitutional right to education under Article 21A to support its decision to direct the construction of school facilities and provision of educational materials.
Final Decision: The court allowed the writ petition and directed the respondents to construct a school building, kitchen for mid-day meal cooking, toilets, and provide library books, magazines, and newspapers to the primary school within six months.
1. Heard Ms. H. Bisheshwari, learned counsel appearing for the petitioners and Shri K. Jagat, learned Government Advocate appearing for the respondent Nos. 1, 4 and 5.
2. The instant writ petition has been filed by the petitioners praying for issuing a writ of Mandamus directing the respondents to construct school building, playground, kitchen for mid-day meal cooking, toilets and also to provide library books, magazines and newspapers to the Ringui Ayotang Primary School, Ukhrul (hereinafter referred to as “the School”.
3. The facts which have led to the filing of the instant writ petition are that the petitioner No. 1 is the Secretary of the Ringui Village Authority, Ringui Village, Ukhrul District, Manipur and the petitioner No. 2 is the father of Ms. Zaring who is a student of Class-I at the said School which was established in the year 1982 under the Autonomous District Council by the State of Manipur with katcha house structures made of wooden plank and G.C.I. sheets roofing comprising 10 (ten) rooms and had been running till March, 2010 when, in course of time, the School building became unusable as it was neither repaired nor was it renovated since its establishment in 1982. In fact, the School felt down after breaking apart and collapsed in the beginning of the year 2010 and since no new School building has been constructed by the State Government till date, it is being run, for the present, at the residence of Shri Themreichan Ngalung of Ringui Village. The parents of the School children have submitted a representation to the headman of the village to provide necessary materials and the petitioners also have submitted representations to the concerned authorities including the Chief Minister of Manipur and the Minister of Education, Government of Manipur and the same are still pending for disposal by the concerned authorities.
3.1 It has been submitted by Ms. H. Bisheshwari, the learned counsel appearing for the petitioners that the Right of Children to Free and Compulsory Education Act, 2009 was enacted by the Parliament with a view to provide free and compulsory education to all children of the age of 6 to 14 years; that Section 8(d) of the said Act provides that the appropriate Government shall provide infrastructure including school building, teaching staff and learning equipment; that the citizens have the fundamental rights of education as the same flow from Article 21 of the Constitution of India and that the respondents have failed to discharge their duties rendering the right to education meaningless and depriving the school children of their rights to education and good health for no fault of theirs.
4. Despite a number of opportunities being granted to the respondents for filing counter affidavit, they have failed to do so and since they have chosen not to contest the instant writ petition for the reason best known to them, the averments made in the writ petition shall be deemed to have been admitted by them in terms of the decisions rendered by the Hon’ble Supreme Court in the cases of Naseem Bano (Smt.) Vs. State of UP & ors. 1993 Suppl. (4) SCC 46; State of Assam Vs. Union of India (2010) 10 SCC 403; Asha Vs. PT. B.D. Sharama University of Health Sciences & ors., (2012) 7 SCC 389 wherein the Hon’ble Supreme Court has held that an averment made in the petition is expected to be specifically denied by the replying party and if there is no specific denial, such averment is deemed to have been admitted by the respondent. In other words, it is well settled that in case the averments made in the petition are not denied or controverted by the respondents therein, the same shall be deemed to have been admitted by them.
5. Education is a process through which one acquires knowledge, experience, skill and attitude. It makes an individual civilised, cultured and educated. Its goal is to make an individual perfect. Every society gives importance to education because it is a panacea for all evils. It is the key
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