Delhi HC expresses displeasure over non-supply of books to students in MCD-run schools

New Delhi: The Delhi High Court on Tuesday voiced its displeasure over non-supply of textbooks and other study material to students of Municipal Corporation of Delhi (MCD)-run schools, saying it was "not a happy situation".

A bench headed by Acting Chief Justice Manmohan, while hearing a PIL highlighting the non-supply of study material to students, asked the civic body commissioner to visit the schools and monitor their functioning.

"We leave it to you. If you feel you are satisfied with the work that you are doing, if you feel happy with the content of work that has been done by your staff, we can only say good luck to you. And if you don't want to take action against your negligent officers, even better luck to you. We have brought it to your notice. We don't think it is a scorecard to be proud of. It doesn't cover MCD with any glory. It is not a happy situation", the bench, also comprising Justice Manmeet PS Arora, said.

"Please visit the MCD schools and find out.. Only when you start visiting, schools will come into shape. Till you monitor, nothing will happen," the bench told the official.

MCD commissioner Gyanesh Bharti, who was present virtually during the hearing, informed the court that apart from text books, which are provided by the Delhi government, cash reimbursements are made to students for other statutory benefits like uniforms and stationery through bank account transfer.

He added around two lakh students do not have a bank account and efforts for opening the same are underway on a "war-footing".

The MCD commissioner told the court that he has visited such schools and attributed the delay in supplying books to non-formation of a standing committee empowered to award contracts worth more than Rs 5 crore.

The court said there cannot be a vacuum in the absence of a standing committee, and in such a situation, the Delhi government should delegate forthwith the financial power to another appropriate authority.

"Let needful be done in two working days," the court ordered.

Advocate Ashok Agarwal, appearing for petitioner NGO Social Jurist, argued that no books or stationery have been made available to the seven lakh students studying in MCD schools, one of which was functioning from a tin shed, with the result that children were sitting idle.

The MCD commissioner claimed the process of supplying textbooks was going on and would be completed soon.

Considering that there were no textbooks, the court wondered if the students were "not studying at all". It deplored the "rather negligent" approach of the authorities because of which textbooks were not published in time for the new academic year.

"(Children) are promoted to new classes. If they are not studying at all, they will lose interest in school itself. There will be harmful effects on students. They are going to a new class without any books, uniforms...They will start studying only after (summer) vacations. Do you realise the consequences of all this?" the court said.

Delhi government standing counsel Santosh Kumar Tripathi said as far as the schools under the city dispensation were concerned, out of 17 lakh students, only around 73,000 were not getting monetary benefits in the absence of a bank account.

The Delhi government's education department secretary, who was physically present in the court, said action has been taken against 13 officials for their failure to address the deficiencies in the functioning of schools.

The court asked the authorities to ensure adequate drinking water and washrooms in the schools.

It asked the Delhi government to file an action taken report and listed the matter for further hearing on May 7.