Don’t use kids to keep out encroachers: HC

Taken aback by the pictures,which showed children sitting either in open fields or tin sheds open from three sides,a bench of Acting Chief Justice A K Sikri and Justice Rajiv Sahai Endlaw censured the government for making the children study amid such “torturous” conditions.

“In December-January,even schools that have excellent infrastructural facilities declare extended holidays because of the extreme cold. After seeing these pictures,we can imagine what could be the condition of the children being made to sit in the open,” the bench said.

Appearing for NGO Social Jurist,advocate Ashok Agarwal had moved an urgent application in the court after he paid a visit to the Government Co-ed Secondary School in Sunder Nagari on Tuesday.

Agarwal was informed about the issue by the father of a student who was shifted there. The photographs,clearly depicting the conditions under which the children were being made to study,were attached to Agarwal’s application. “All the 390 students are sitting in,or outside,a totally tattered tent in this chilly winter. Imparting education under such conditions is impossible. The Delhi government was not justified in shifting these students without making adequate arrangements for the education of these students. There is no building nor boundary wall,and the students do not even have access to drinking water or toilets,” Agarwal told the court. He also criticised the government’s decision to shift students to the spot,simply because it wanted to prevent encroachment of the land.

Accepting his submissions,the bench told the government that it was not feasible to hold classes in tents — especially when the weather conditions were so severe. “The photographs show that the facilities are insufficient,inadequate. In these tin sheds,which are open from three sides,it must be torturous for students,” the court said.

When the government’s counsel said that the DSIIDC had already begun the process of constructing a school building there,the court said it would take time,and the children should not be forced study in circumstances such as these.

The bench then ordered the government to erect sufficient number of porta cabins for the children and also provide other basic facilities in the premises. “The government will also ensure the safety and health conditions of the children,teachers and school staff during the construction of the building,” directed the court and asked the government to file a status report in February.