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Synopsis

A division bench of the Bombay High Court at Aurangabad, comprising Justice Ravindra V Ghuge and Justice YG Korbragade, has formed a district-level committee, including judges, to monitor the situation in government-run schools while observing that future of young children should be safeguarded and be given the highest priority.

"Things have come to such a stage that it is imminent and necessary to form such Committees, if future of these young children is to be safeguarded and given highest priority," the high court obsevred.

The high court was hearing a civil application in a suo moto public interest litigation registered by the court concerning the poor conditions of schools operated by local authorities such as Zilla Parishad, Municipal Council, Municipal Corporation, etc.

The division bench of the high court was informed that a government-run school with around 40 students had been without electricity for the last 18 months. Additionally, a local newspaper article was presented as evidence, showing empty liquor bottles lying around the students.

Advocate Rashmi Kulkarni, appointed as the Amicus Curiae, urged the court to take serious note of these issues and suggested forming a committee at each district to inspect such schools, submit reports, and make recommendations.

Assistant Government Pleader SB Yawalkar argued that the Government is making every effort to ensure the proper functioning of schools. He assured that in case of any deficiencies or shortcomings, the State would provide full assistance to safeguard the students' well-being. 
Yawalkar emphasized that local authorities must also uphold the required standards to maintain the schools and ensure uninterrupted education for the students.

The division bench concurred with Advocate Rashmi Kulkarni's stance and acknowledged that dilapidated structural conditions in schools pose not only physical risks to students but also hinder a conducive learning environment. 
"If they are to be imparted proper education in proper surroundings, necessary steps will have to be taken, if the concerned authorities are failing in their duties. If the structural conditions of the schools are dilapidated, it would not only involve physical risk to these students, but a congenial atmosphere for imparting education would be missing,” the high court observed.

As a result, the high court constituted a committee comprising the Principal District Judge, District Collector, Education Officer in Zilla Parishad, Executive Engineer of the Public Works Department, and the District Superintendent of Police, with the mandate to monitor the situation in government-run schools and ensure law and order.

The court also directed the police authorities to take appropriate action if they come across any instances of unethical, impermissible, or offensive activities being conducted on school premises.

Furthermore, the high court granted permission for the committee to conduct inspections and authorized them to video record the entire process. The committee is required to submit its inspection report along with suggestions by October 1, 2023.

Case title: Registrar Judicial Aurangabad Bench vs State of Maharashtra & Ors