IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14173 of 2023 ====================================================== Based on the news dt. 28 Sept 2023 published on the website of India Today ... ... Petitioner/s Versus
1. The State of Bihar
2. The Chief Secretary, Govt. of Bihar, Patna.
3. The Addl. Chief Secretary, Dept. of Education, Govt. of Bihar, Patna.
... ... Respondent/s ======================================================
Appearance :
For the Petitioner/s :
For the Respondent/s : Mr.P.K. Shahi (AG)
Mr. Amish Kumar, AC to AG Mr. Sanjiv Kumar, AC to AG Mr. Vipin Kumar, AC to AG ======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 01-03-2024 The above writ petition was suo motu registered based on an article that appeared in ‘The Times of India’ newspaper, which found five schools were operated in the same building of one Kanya Madhya Vidyalaya, Karbigahiya. This Court was concerned with the lack of infrastructure for schools which was also addressed in CWJC No. 4281 of 2019, disposed of on 28.08.2023 recording the submissions in the counter affidavit filed therein, wherein the Government had agreed and undertook to take positive steps to realize the goal of spread of education in the entire State.
2. A counter affidavit has been filed by the State and it is stated that there were five separate schools in which a total number of 368 students were studying. In many of such schools, the teacher-student ratio was also more than that required. There was also considerable expenditure for providing facilities to the separate schools including the Mid-Day Meal. It was hence the Education Department by order dated 17.10.2023 merged the four schools having no building of their own with that of Kanya Madhya Vidyalaya, Karbigahiya. The District Education Officer was also directed to take appropriate steps and an amount of Rs. 12,12,200/- estimated for the renovation of the Kanya Madhya Vidyalaya was sanctioned. The renovation work from the fund allotted under the Pradhan Mantri Khanij Kshetra Kalyan Yojana was also directed. A report of the District Education Officer dated 24.10.2023 is filed hereinabove wherein it is stated that-
(i) The school in question has three rooms at the ground level and three rooms at first floor.
(ii) The iron shed covering the first floor rooms, has been replaced by roof casting.
(iii) The staircase has been covered with railing, for the safety of the children.
(iv) The submersible pump situated in the school in question has been repaired which solves the problem of drinking water.
(v) One dilapidated building situated in the premises of the school in question is being demolished and work with respect to leveling of the vacant land for playground and construction of the approach road are in progress.
(vi) The estimate for renovation of the school in question to the tune of Rs. 12,12,000/- has been approved and request has been made for starting the renovation work from the fund available in Pradhan Mantri Khanij Kshetra Kalyan Yojana (PMKKKY).
(vii) The other schools have been merged in the school in question and the same is now known as ‘Government Middle School, Karbigahiya.
(viii) The deputation of teachers, excess to the student-teacher proportion, in other schools is under progress.
3. It is submitted that the aforesaid step of merger of schools was taken to rationalize the infrastructure, provide adequate teacher-student ratio and the department is taking such steps all over the State.
4. It is also stated that the Education Department has commenced monitoring of all schools at every level from 01.07.2023. The department has provided necessary infrastructure for the purpose of inspection of the schools by the Government officers and a Model Inspection Report has also been framed. The District Magistrates of the State have been directed to ensure proper steps with respect to expenditure of amounts sanctioned and lying with the School Education Committee and School Managing Committee who are constituted respectively for the Primary Schools and the Middle Schools. It was found that there were huge amounts lying idle with the Principals of Secondary Schools which were directed to be utilized as per the relaxation of restriction, issued by communication dated
23.06.2023.
5. The Education Department is also giving stress on computer education by providing necessary infrastructure wherever it is possible and an action plan after consultation with the SCERT and Bihar Education Project Council and Directorate of Research and Training has been issued titled ‘Samagra Shiksha Abhiyan’. The action p
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