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Under fire for not providing adequate facilities and infrastructure to students,as alleged in postcards and letters sent by nearly 200 children to the Delhi High Court,the state government and the Municipal Corporation of Delhi (MCD) defended themselves in a similar manner on Wednesday. They submitted letters from children,now stating that they are satisfied and happy with the state of affairs even as they continue studying in tents,to the court.
The response,however,failed to soften the courts stand. The Division Bench of Chief Justice Dipak Misra and Justice Manmohan minced no words in expressing their anger over the issue,and made it clear that letters written by children would not absolve the authorities of their constitutional obligation and duty to ensure they have all the facilities required. Subsequently,it appointed a panel to check the MCD schools and submit a report soon.
These are innocent children,often oblivious to their rights under the law,and hence their satisfaction cannot be a test. They cannot decide the difference between how are they treated and how they should be treated. The present petition,in fact,projects a picture that is shocking. It is asserted in the petition that students who are pursuing their studies at the primary level are not taught in classrooms but in tents in the Capital, said the Bench,refusing to accept the authorities defence.
It is a wonder how these students are taught in tents,in the scorching heat of summer,during the menace of rains and the chill of winters. A question that emerges for consideration is whether students should be imparted education at such a tender age in tents,which do not even remotely resemble classrooms? the Bench asked.
The court was not satisfied with the authorities contention that the schools were being decked up,and all the necessary facilities were being doled out to students in the tents as well. Taking upon itself the task of rectifying the system after due monitoring,the court set up a three-member committee to inspect the 56 MCD tent schools and check if all the necessary facilities were being provided to students. The committee comprises state counsel Najmi Waziri,the petitioners counsel Ashok Aggrawal and advocate S K Dubey. The Bench also directed the MCD to cooperate with the members,failing which strict action would be taken.
The case started when disgruntled children from government and MCD schools wrote to the Chief Justice in May and later in July,highlighting the abysmal state of their schools and the need to implement the Right to Education Act. Converting the complaints into a PIL,the court sought a response from the Delhi government and the MCD.
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