The Bombay High Court, Aurangabad Bench in a Public Interest Litigation (PIL) has directed to constitute a Committee in each district in the State of Maharashtra headed by the Principal District Judge as Chairman, to monitor the grim situation schools. The PIL highlights the bad conditions of the schools, being operated by the local authorities like Zilla Parishad, Municipal Council, Municipal Corporation, etc.

A bench of Justice Ravindra V. Ghuge and Justice Y. G. Khobragade, considering the gravity of the situation and the urgent need of redressal of the situation in schools, thus observed, “…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. 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”.

Advocate Kulkarni Rashmi S. appeared as the Amicus Curiae, AGP S.B. Yawalkar appeared for respondents 1 to 5, 7 and 10/ State, Advocate Amardeep Naiknaware i/by D.N. Bankar Patil appeared for respondents 6 and 8.

In the matter, the Amicus Curiae submitted a copy of the city edition ‘DB Star’ of daily Divya Marathi newspaper dated July 20, 2023 highlighting that the particular school with about 40 students in kindergarten to the 4th standard was included in the list of smart schools, situated at a place identified as Ajab Nagar, Nutan Colony, Aurangabad.

However, the Electricity supply has been allegedly disconnected for more than 18 months. A photograph in the newspaper indicated that the students were sitting on the floor, surrounded by empty bottles of liquor (Deshi Daru).

The Court accordingly, considering the situation and the serious concerns directed to constitute a committee of which the Education Officer (Secondary) in the Zilla Parishad, Executive Engineer of the Public Works Department in the said district, shall also be a member .

The bench also directed the District Superintendent of Police of the concerned district to nominate a person, not below the rank of the Deputy Superintendent of Police/ Assistant Commissioner of Police, as a member of the said Committee.

“The reason for including the representative of the Police Administration is to ensure that if there is any issue of law and order and if it is noticed that the premises of the schools are being utilized for unethical, impermissible or offensive activities, the Police Authorities would initiate appropriate action against the wrong doers”, the order read further.

Resultantly, the bench directed such committees to submit a report along with suggestions/ recommendations to the Court, after 60 days, within a period of 15 days. Further listed the matter on October 5, 2023.

Cause Title: The Registrar Judicial High Court of Judicature at Bombay Bench at Aurangabad v State of Maharashtra Through Principal Secretary and Others

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Justice Ravindra V. GhugeJustice Y. G. Khobragade

Agatha Shukla