Parents cannot, even in their distant dream, hope for facilities as per RTE Act in govt. schools: HC

The High Court of Karnataka on Thursday ordered a survey of toilets and drinking water facilities available in all government schools in the State, while terming as “disturbing” the attempt of the Education Department to “reduce” in the data provided the number of schools not having toilets to mere 38 from the earlier 464. The department had claimed that there was error in the earlier data of March 2023 due to non-compilation of data from all the schools.

‘Painful and shocking’

The court also termed as “painful and shocking” the pathetic condition of toilets in some government schools in north Karnataka based on the photos presented by the department to show that there existed toilets. The department had presented photos of some toilets to show that the earlier data was erroneous.

Going by the present status of basic facilities in government schools, parents who send their children to these schools cannot, even in their distant dream, hope that their wards would get all facilities as per the provisions of the Right of Children to Free and Compulsory Education Act, 2009, the court observed.

A Division Bench comprising Chief Justice Prasanna B. Varale and Justice M.G.S. Kamal made these observations while expressing anguish over the pathetic condition of the toilets in the photographs.

Toilets for namesake

“We can only say that what is called a toilet is only for namesake, that is four walls and a door…We can only say that no parent would like to send their ward to places with such pathetic toilets,” the Bench observed.

Considering these aspects, the Bench said that a survey of toilets and drinking water in government schools was necessary and directed that the survey be conducted involving the secretaries of the Taluk Legal Services Authorities in every taluk. The secretaries will have to submit the survey report within three months to the court.

Budgetary provision

The Bench said that it will be necessary for the State government to make provision for allocation of fund in the Budget itself to fulfil objectives of the RTE Act, while refusing to except the government’s statement that basic infrastructure in government schools would be provided depending on the availability of funds in the next five years.

“Unless such budgetary allocation of fund is made, in our opinion, no fruitful purpose would be served to provide infrastructure as per the mandate of the RTE Act within a stipulated period,” the Bench said. Senior advocate and amicus curiae K.N. Phanindra in his report had recommended that proper allocation of fund is vital to provide these facilities in government schools.