Delhi HC directs GNCTD to release amount to PWD for 6 new school buildings

The Delhi High Court has directed the Finance Department of the Delhi Government to release the requisite amount to the PWD department concerning six newly constructed government school buildings that are not functional due to non-payment to Public Works Department (PWD).

The bench of Justice Manmohan and Justice Manmeet Pritam Arora in an order passed January 4, 2024, stated that "keeping in view the orders dated 20th November, 2023 and 05h December, 2023 as well as the fact that the payment has to be made from one department of GNCTD to the other, the Finance Department of GNCTD is directed to release the requisite amount to PWD after taking all necessary permissions within two weeks."

 

The court's action came after a petition from the NGO Social Jurist highlighted that the buildings were not being used due to pending dues.

The government owes the PWD Rs 625.21 crore for the school. According to an NGO official, thousands of students have been deprived of using the six buildings for more than two years.

Earlier Court while issuing notice to respondents observed that it is a serious issue with the Government finance department which has led to not utilizing the newly constructed 6 schools for thousands of students.

The bench led by Justice Manmohan had showed displeasure with the Delhi Government and said "You have to provide school buildings to students; it is for students. You are forcing us to take harsh action as the Supreme Court has done. We are going to stop your advertisements."

Petitioner's lawyer Advocate Ashok Agarwal stated that "it is a blatant failure on the part of respondents to discharge their constitutional and legal obligations to provide education to children of masses. It is no less mockery of RTE Act, 2009. That the inaction on the part of respondents violates the fundamental right to education of students as guaranteed to them under Articles 14, 21 and 21-A of the Constitution of India read with provisions of the Right of Children to Free and Compulsory Education Act, 2009."

According to the petition, the matter is for the benefit of thousands of students residing in and in nearby Mukundpur, Bakhtawarpur, Lancer Road, Rani Bagh, Rohini, MS Punjab Khore by handing over 358 additional classrooms in 6 school buildings to Delhi Government schools namely, GGSS Mukund Pur, GBSS Bakhtawarpur, S V Lancer Road, GGSSS Rani Bagh, S V Co-Ed, Sec 7, Rohini, Govt Co-Ed, MS Punjab Khore and are incapable of accessing the court themselves.

The plea further added that the shortage of classrooms in the vicinity of these 6 Delhi Government schools, the student-teacher ratio is very high and the Right to Education of thousands of students residing in and in the neighbouring area is being affected.