Officials of the state education department have been warned with a salary cut should they fail to implement the Uttarakhand High Court’s directions regarding improvement of infrastructure in government schools..Last week, the High Court had temporarily put a hold on the state government’s purchase of luxury cars, furniture and air conditioners, pending the latter’s compliance with the Court’s directions, issued in a judgment passed in November 2016..In that ruling, the High Court had directed the state government to provide all schools with benches, desks, blackboards (with chalk and duster), computers, well-stocked libraries and well-equipped science laboratories within three months. The Court had also directed the state government to construct separate, hygienic toilets for boys and girls and provide two sets of uniform to all the students of government schools as well as aided schools twice in a year..Seeing as how the government had failed to provide the aforementioned, the Court last week issued notice to the Secretary (Finance)..On the last hearing on Friday, the Bench of Justices Rajiv Sharma and Alok Singh noted that the Supreme Court had passed similar directions in different cases, including Environmental and Consumer Protection Foundation vs. Delhi Administration and others. Pointing out the government’s failure to comply with the directions of the apex court, as well as it own, the Court noted,.“The students have fundamental right to get the basic amenities, infrastructure i.e. well qualified teachers and well-lit and duly ventilated buildings, water purifiers, hygienic toilets for Boys and Girls separately etc. in government run school including a hygienic environment.”.The Court also refused the buy the government’s excuse that it did not have adequate funds to provide for the same..“The dearth of funds cannot be permitted to come in the way of implementation of judgment dated 19.11.2016. We in a very subtle manner remind the State Government of Article 360 of the Constitution of India. We will not elaborate further, since this may have serious political ramifications..It is expected from the State functionaries to reduce their unproductive expenses on luxurious items and to divert the necessary funds for improving the education system at the grassroot level.”.The Court also added making schools disabled-friendly to the list of the government’s priorities..The government, represented by Advocate General SN Babulkar expressed a willingness to comply with the Court’s directions within one year. However, the Court set a deadline of nine months for the facilities to be put in place..“Accordingly, we direct the State Government to provide (a) the basic infrastructural facilities like benches, desks, blackboards, separate hygienic toilets for boys and girls, potable drinking water etc. within a period of six months from today, (b) the rest of the directions shall be implemented within a period of three months thereafter.”.Towards the end of the order, the Court warned officials of the education department that their salaries for January 2018 would not be paid should they fail to implement the directions within nine months..“It is made clear by way of abundant precaution that in case, direction no.(a) is not implemented in the time schedule, as provided hereinabove, all the gazetted officers in Education Department including Principal Secretary (Education), Secretary (Education), Deputy Secretary (Education), all the Directors in the Education Department shall not be paid their salaries for the month of January, 2018.”.Appreciating the government’s positive affirmation, the Court vacated its order passed on June 22, further noting that luxury cars could only be purchased with the approval of the Chief Secretary of the State of Uttarakhand..Read the order:
Officials of the state education department have been warned with a salary cut should they fail to implement the Uttarakhand High Court’s directions regarding improvement of infrastructure in government schools..Last week, the High Court had temporarily put a hold on the state government’s purchase of luxury cars, furniture and air conditioners, pending the latter’s compliance with the Court’s directions, issued in a judgment passed in November 2016..In that ruling, the High Court had directed the state government to provide all schools with benches, desks, blackboards (with chalk and duster), computers, well-stocked libraries and well-equipped science laboratories within three months. The Court had also directed the state government to construct separate, hygienic toilets for boys and girls and provide two sets of uniform to all the students of government schools as well as aided schools twice in a year..Seeing as how the government had failed to provide the aforementioned, the Court last week issued notice to the Secretary (Finance)..On the last hearing on Friday, the Bench of Justices Rajiv Sharma and Alok Singh noted that the Supreme Court had passed similar directions in different cases, including Environmental and Consumer Protection Foundation vs. Delhi Administration and others. Pointing out the government’s failure to comply with the directions of the apex court, as well as it own, the Court noted,.“The students have fundamental right to get the basic amenities, infrastructure i.e. well qualified teachers and well-lit and duly ventilated buildings, water purifiers, hygienic toilets for Boys and Girls separately etc. in government run school including a hygienic environment.”.The Court also refused the buy the government’s excuse that it did not have adequate funds to provide for the same..“The dearth of funds cannot be permitted to come in the way of implementation of judgment dated 19.11.2016. We in a very subtle manner remind the State Government of Article 360 of the Constitution of India. We will not elaborate further, since this may have serious political ramifications..It is expected from the State functionaries to reduce their unproductive expenses on luxurious items and to divert the necessary funds for improving the education system at the grassroot level.”.The Court also added making schools disabled-friendly to the list of the government’s priorities..The government, represented by Advocate General SN Babulkar expressed a willingness to comply with the Court’s directions within one year. However, the Court set a deadline of nine months for the facilities to be put in place..“Accordingly, we direct the State Government to provide (a) the basic infrastructural facilities like benches, desks, blackboards, separate hygienic toilets for boys and girls, potable drinking water etc. within a period of six months from today, (b) the rest of the directions shall be implemented within a period of three months thereafter.”.Towards the end of the order, the Court warned officials of the education department that their salaries for January 2018 would not be paid should they fail to implement the directions within nine months..“It is made clear by way of abundant precaution that in case, direction no.(a) is not implemented in the time schedule, as provided hereinabove, all the gazetted officers in Education Department including Principal Secretary (Education), Secretary (Education), Deputy Secretary (Education), all the Directors in the Education Department shall not be paid their salaries for the month of January, 2018.”.Appreciating the government’s positive affirmation, the Court vacated its order passed on June 22, further noting that luxury cars could only be purchased with the approval of the Chief Secretary of the State of Uttarakhand..Read the order:
