Order :

1. The present Public Interest Litigation arises on account of collapse of a Government School building in District Jhalawar in the month of July, 2025 resulting into loss of life of seven toddler students and injuries to various others. Despite an assurance extended by the State by way of an affidavit of Secretary, School Education Department, Government of Rajasthan dated 04.09.2025 that no dilapidated room/building was being used and alternative arrangements for safe and smooth study of the students have been made, a number of incidents have happened in the State of Rajasthan wherein, buildings/roof of the Government schools have collapsed. Fortunately and fortuitously, except loss of life of one student, others escaped miraculously. Further, from the material on record including the report submitted by the various District Legal Services Authorities, we find that the students are still studying under open sky/trees in totally unhealthy and unhygienic condition.

2. As per the additional affidavit dated 31.01.2026 filed by the Secretary, School Education Department, a sum of Rs.20,000 crores approximately is required for construction/repair work in government schools out of which, a sum of Rs.1,624 crores was already sanctioned.

3. The additional affidavit of Shri Devi Shankar Sharma, the District Education Officer (Legal), Secondary Education, Department Jaipur dated 16.02.2026, reflects that a sum of Rs.1,000 crores is proposed in the budget for the financial year 2026-27 for construction and repair of new schools/dilapidated schools/rooms. In view of the requirement of Rs.20,000 crores for this purpose, as projected by the respondents themselves, this budget proposal appears to be a drop in the ocean. Despite being granted the opportunity, learned Advocate General is unable to convince this Court as to how, with such a paltry and highly inadequate budget, the Government shall be able to provide safe and secure infrastructure to the school going children. We may also observe that, it is a matter of common knowledge that cost of every infrastructure project, particularly those floated by the Government, increases by at least 10% annually. Given this budgetary constraint, it appears highly improbable that the State will be able to ensure a safe, secure and conducive environment for school going children in the near future unless, drastic measures are adopted immediately.

4. Learned Amicus Curiae, S/Shri Swadeep Singh Hora and Tanmay Dhand have brought to our notice the judgment of the Hon'ble Supreme Court of India in the case of Paschim Banga Khet Mazdoor Samity and Ors. Vs. State of W.B. and Anr. reported as (1996) 4 SCC 37, wherein, their Lordships have held as under:

"16. It is no doubt true that financial resources are needed for providing these facilities. But at the same time it cannot be ignored that it is the constitutional obligation of the State to provide adequate medical services to the people. Whatever is necessary for this purpose has to be done. In the context of the constitutional obligation to provide free legal aid to a poor accused this Court has held that the State cannot avoid its constitutional obligation in that regard on account of financial constraints. [See: Khatri (II) v. State of Bihar, 1981 (1) SCC 627 at p. 631]. The said observations would apply with equal, if not greater, force in the matter of discharge of constitutional obligation of the State to provide medical aid to preserve human life. In the matter of allocation of funds for medical services the said constitutional obligation of the State has to be kept in view. It is necessary that a time-bound plan for providing these services should be chalked out keeping in view the recommendations of the Committee as well as the requirements for ensuring availability of proper medical services in this regard as indicated by us and steps should be taken to implement the same. The State of West Bengal alone is a party to these proceedings. Other