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Synopsis

In a Public Interest Litigation (PIL) over dilapidated condition of a primary school in Shahjahanpur, Uttar Pradesh, the Allahabad High Court criticized the apparent negligence of the respondent authorities in acknowledging the issue.

Highlighting the extensive damage to the school building due to a lack of regular upkeep, the court observed that only one room, acknowledged by authorities as irreparable, was being utilized for classes which posed threat to the life of the children studying there.

Emphasizing that "primary education is now a fundamental right of the citizens", the court directed the Chief Secretary of the Government of Uttar Pradesh to submit a personal affidavit, stating the state's policies regarding the regular maintenance and repair of primary school buildings.

Further, while stressing the need for prompt attention, court directed the officer to also disclose in his affidavit as to how the State Government proposes to resolve the issue at hand.

"...as this Court is of the opinion that it should be attended to without any delay," said the bench of Acting Chief Justice Manoj Kumar Gupta and Justice Kshitij Shailendra.

The building of the Primary School, Jharsa, Gram Panchayat Jaswantpur, Block & Tehsil Puwanyan, District Shahjahanpur had been reported to be in deteriorating conditions. 

The Basic Shiksha Adhikari (BSA) informed the court that a committee inspection on September 19, 2020, identified the school, along with thirty others, as beyond repair. Another inspection on December 1, 2023, yielded similar results.

Before the court, BSA, however, claimed that financial support from the State Government had been already requested, and upon approval, a new building would be constructed.

The matter will be next heard on January 4, 2024.

Case Title: Chandra Kala v. State Of U.P. And 2 Others