The Jammu and Kashmir High Court has held that the provisions of toilets both for boys and girls as well as construction of boundary walls are absolutely essential for the smooth functioning of the schools.
The Division Bench of Chief Justice N. Kotiswar Singh and Justice Wasim Sadiq Nargal heard a Public Interest Litigation (PIL) pertaining to improvement of infrastructure facilities in respect of Primary and Secondary Schools in urban and rural areas of the Union Territory of Jammu & Kashmir and Ladakh as well as for proper maintenance of students-teachers ratio in these schools.
“While the scope appears to be vast, yet there are certain requirements which will require immediate attention of the concerned authorities in this regard.”
While considering this aspect, it has been brought to the notice of the Court that the status report dated 11.07.2023 submitted by the Project Director, Samagra Shiksha, Jammu and Kashmir contains certain information about the works being executed and completed as per the projects undertaken and their timeline across the Union Territory of J&K and Ladakh under AWP&B (civil works) Samagra Shiksha.
In the status report, it has been mentioned amongst others that in 272 schools, works have been sanctioned for construction of boys toilets. Similarly, in 136 schools works have been sanctioned for construction of girls toilets, whereas 197 boys toilets and 95 girls toilets have been completed. It has also been mentioned that 53 and 27 works are still in progress in respect of the boys and girls toilets respectively. Similarly, out of 544 girls CWSN toilets, 356 have been completed and 166 are in progress. These figures pertain to the year 2018-4.
Similarly certain amounts have also been sanctioned during the year 2000-21 for construction of girls toilets. In respect of CWSN toilets Elementary out of 172, 89 toilets have been completed and 63 are in progress. Similarly, in respect of girls toilets in Elementary, 40 girls toilets have also been sanctioned, out of which 19 have been completed and 08 are in progress.
On perusal of the status report dated 11.07.2023 , the Bench noted that for the year 2018-2019, sanctions have been granted for construction of boundary wall in respect of 824 schools, out of which 630 have been completed while 433 are shown to be in progress. Similarly, for the year 2020-21, sanctions have also been granted for construction of boundary wall elementary in respect of 269 schools and only 92 works have been completed while 140 works are in progress.
The Court wanted to know from the Administration about the exact stage of progress and period of completion in respect of 53 and 27 boys and girls toilets as well as 433 boundary walls and 140 boundary walls elementary mentioned in the status report, if not already completed.
“Be that as it may, the provisions of toilets both for boys and girls as well as construction of boundary wall are absolutely essential for the smooth functioning of the schools.”
Therefore, the Court directed that the aforesaid works which are in progress be completed within a period of one month from the date copy of this order is made available to the concerned authorities. With regard to non-availability of land, the Administration should also indicate the steps already taken for acquisition of land including compulsory acquisition, which would be required for proper functioning of the Schools in the Union Territory of Jammu & Kashmir and Ladakh.
Matter is listed on 18.09.2023 for further hearing.