The Public Welfare Association vs Government of Andhra Pradesh and Others

Motilal B. Naik, J.—This writ petition is filed by the Public Welfare Association, Indiranagar, Tadban, Hyderabad, by way of public interest litigation, seeking a direction to the respondents to provide sufficient teaching staff and accommodation to the Government Primary School (Urdu Medium), Tadban, Hyderabad.

The facts of the case are that as on the date of filing of the writ petition, there were about 684 students prosecuting education in the said school. Though there is sufficient strength of students, there is insufficient teaching staff and accommodation for the proper functioning of the school. The school is catering to the needs of students from classes 1 to 5. There are two shifts in the school - one from 8 a.m. to 12 noon and the other from 12.30 p.m. to 5.00 p.m. According to the petitioner, there are only four teachers in the school, out of which two are attending the morning session and the other two are attending the evening session. While so, the Headmaster of the school, by way of letter in Rc. No. 468, dated 3-7-1989, sent a representation to the 3rd respondent giving all details about the strength of the students and requested him to fill up the permanent post of Headmaster and to appoint at least ten teachers to the school in view of the strength. Apart from the said representation, it is stated, the petitioner made a representation to the 3rd respondent seeking necessary strength of teachers to the school. The Special Officer, Urdu Medium, by letter dated 4-8-1978 was pleased to address the 3rd respondent for taking immediate steps for posting teachers and providing accommodation to the school. The Deputy Educational Officer, Seetharambagh Zone, Hyderabad by letter dated 21-8-1987 requested the 3rd respondent to post at least five teachers to the school. In spite of number of representations, no positive steps are taken by the 3rd respondent appointing necessary strength of teachers and providing necessary accommodation to the school. It is stated, the petitioner submitted a representation to the then Chief Justice of this Court requesting him to issue necessary directions to the concerned for taking steps. A similar representation was also sent to the Chief Justice of India on 8-2-1989. Pursuant to the said letter, the Assistant Registrar, Supreme Court of India addressed a letter to the petitioner advising it to contact the Andhra Pradesh State Legal Aid & Advice Board, High Court of A.P., Hyderabad for necessary action. On that, the petitioner approached the State Legal Aid & Advice Board, but the problem is not solved; therefore, the present writ petition is filed.

The learned counsel for the petitioner submits that the school is located in a slum area of the city. As on the date of filing of the writ petition, the strength of the students was 684, which has now risen to 1,300. As per Section 19 of the Andhra Pradesh Education Act, 1982, it is obligatory on the part of the Government to provide necessary facilities for imparting education to students and also it is incumbent on the part of the authorities in terms of the above section to provide teaching staff at the ratio 1:40. Since the strength of students is 1,300, the school requires at leas132 teachers at the ratio 1:40 and also sufficient accommodation to meet the requirements. It is further submitted that since the petitioner failed to achieve the objective through its efforts, it filed the writ petition.

This Court by order dated 7-2-1992 in W.P.M.P. No. 19498 of 1991 directed the respondents to immediately take steps for filling up the vacancies of teachers. Despite this direction, the respondents have not taken any action in this regard. No counter is also filed by the respondents. The learned Government Pleader submitted that efforts are going on to meet the requirements of the school.

Article 45 of the Constitution of India envisages "The state shall endeavour to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years". The objective of this Article is that every child of this country upto the age of fourteen should get proper education. The intention is, therefore, clear that illiteracy will have to be eradicated within a reasonable time. This case is a reminder to the society, which shows that the aspirations of the masses have not been fulfilled at least in the field of education even after 47 years of Independence. According to the rules prescribed, the ratio of teachers and students should be 1:40. If that figure is taken into consideration, the correct strength of the teachers should be 32 as against 4, which the school is having at present. As I said earlier, it is obligatory for the respective State Governments to render free and compulsory education for all the children till they attain the age of fourteen. I am told, the school is conducting classes from 1 to 5 only. In spite of the direction of this Court in W.P.M.P. No. 19498 of 1991 dated 7-2-1992, the respondents have not taken any steps. No plausible explanation is forthcoming from the respondents on this aspect. I am aware, day-in and day-out the Government is propagating about various schemes viz., Adult Education Scheme, Operation Black Board Scheme, etc., for eradicating illiteracy. When the Government is giving wide publicity on those schemes, it is astonishing why the respondents are not taking concrete steps in meeting the requirements of students of the school, which is stated to be located in a slum area. No reasonable explanation is forthcoming on this aspect from the respondents. Having regard to the magnitude of the problem, this Court is not handicapped in issuing a mandamus under Article 226 of the Constitution of India. In this regard, I am supported by the decisions of the Supreme Court in Comptroller and Auditor-general of India, Gian Prakash, New Delhi and Another Vs. K.S. Jagannathan and Another, and Andi Mukta Sadguru Shree Muktajee Vandas Swami Suvarna Jayanti Mahotsav Smarak Trust and Others Vs. V.R. Rudani and Others, .

Accordingly, the respondents are directed to take immediate steps for appointing necessary strength of teachers in Government Primary School (Urdu Medium), Tadban, Hyderabad, within a period of eight weeks from the date of receipt of a copy of this order. The respondents are also directed to look into the problem of accommodation and take necessary steps in providing sufficient accommodation to the school, which is said to be located in a slum area.

The writ petition is allowed with the above direction. There will be no order as to costs.