Disposed

Jitendra Bahadur Singh v. State of U.P. Thru. Chief Secy. Civil Sectt. Lko. and Others

Allahabad HC30 Jan 2023/897/2022

Case brief

AI extract

What is this about?

In this PIL, a petitioner challenged the State Government's failure to distribute textbooks to primary school students in District Gonda. The Court directed an enquiry to fix responsibility for the delay regarding the 2022-23 session and ordered the Principal Secretary to ensure timely distribution for the 2023-24 session.

What did the court decide?

The Principal Secretary, Basic Education was directed to set up an enquiry for the delay in the 2022-23 session and to take steps for timely distribution in the 2023-24 session.

Jitendra Bahadur Singh Vs State of U.P… — Pension and Retirement Benefits | Allahabad HC (2023)

¶1

Court No. - 1

¶2

Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 897 of 2022

¶3

Petitioner :- Jitendra Bahadur Singh Respondent :- State Of U.P. Thru. Chief Secy. Civil Sectt. Lko. And Others Counsel for Petitioner :- Ram Prakash Singh,Ashish Kumar Singh,Vivek Kumar Counsel for Respondent :- C.S.C.,Ran Vijay Singh,Sarvesh Kumar Dubey,Vindhya Washini Kumar

¶4

Hon'ble Ramesh Sinha,J. Hon'ble Subhash Vidyarthi,J.

¶5

An afÏdavit has been filed by the Principal Secretary, Department of Basic Education/opposite party no.2, which is taken on record.

¶6

Heard Mr. H.G.S. Parihar, learned Senior Advocate assisted by Mr. Ram Prakash Singh, learned counsel for the petitioner and Mr. Amitabh Rai, learned Additional Chief Standing Counsel for the State-respondents.

¶7

The instant writ petition has been filed in the nature of public interest, seeking a direction to the State Government to institute an enquiry to find out about the failure of distribution of the books in the primary schools of District Gonda and to ensure timely distribution of books amongst the students.

¶8

It is stated in the petition that about 4,17,000 students are enrolled in the primary schools in District Gonda. An order for buying 29,09,696 text books and work books was placed and although the current session would come to an end on 31.03.2023 the entire books could not be distributed even up to November, 2022. It has been stated that against 29,09.696 books only 17,44,234 books have been supplied and even out of those, merely 13,95,287 books could be distributed amongst the students.

¶9

On 15.12.2022, this court had passed an order calling upon the Principal Secretary, Department of Basic

¶10

Education to submit his report in this regard. In compliance of the aforesaid order, the Principal Secretary, Basic Education has filed his personal afÏdavit stating that he had sought a report from the Director General, School Education, U.P., who informed that due to delay in printing of new text books owing to Covid-19 pandemic, a decision was taken as an interim measure to collect the books distributed from Class 1 to 8 for the academic session 2021-22 and distribute them to the students for the academic session 2022-23 and it was directed that the old books supplied to the students would be replaced by new books as soon as the same were available, for the academic year 2023-24.

¶11

Regarding distribution of books in the academic session 2023-24, it has been stated that the Director General, School Education, U.P. had issued a letter on 28.12.2022 for all the districts of the State. The purchase orders were issued in January, 2023 and the process for arrangement of text books is in process and efforts are being made for ensuring distribution of books before start of the academic session 2023-24 and it is expected that new text books will be distributed and made available to the students in April, 2023 through Block Resource Centers.

¶12

The concern of the court is to ensure proper education to the children in the State and when the State Government has framed a policy to distribute the text books to the students of primary schools, the policy should be implemented in a proper manner so as to achieve the objective with which it has been framed. The conduct of the ofÏcials responsible for implementing the policy in not ensuring timely distribution of new text books as per the policy of the State Government cannot be appreciated.

¶13

We have no reason to disbelieve that the statement made in the personal afÏdavit of Principal Secretary, Basic Education that the new text books will be distributed and made available to the students in April, 2023 so as to

¶14

ensure proper education to the students in the academic session 2023-24.

¶15

However, the explanation given for the delay in distribution of the text books in the academic session 2022-2, that the delay has occurred due to delay in printing of the new text books for distribution to the students owing to Covid-19 pandemic, besides being vague, is not acceptable. No dates have been mentioned as to when the purchase order was issued and other requisite steps taken by the responsible ofÏcials of the State. The Covid-19 cannot be used as a shield to put a veil on the inaction or irresponsible action of the ofÏcials of the State Government.

¶16

Therefore, we direct the Principal Secretary, Basic Education to set up an enquiry for fixing responsibility for the delay caused in distribution of books to the students for the academic session 2022-23 and to take necessary action in furtherance of the enquiry report.

¶17

We further direct the respondent no.2/Principal Secretary, Department of Basic Education, U.P. Lucknow to take suitable steps for ensuring timely distribution of books/text books to the students in the State of Uttar Pradesh in accordance with the policy of the State Government for the academic session 2023-24 and also thereafter.

¶18

With the aforesaid observations/directions, the petition stands disposed of .

¶19

(Subhash Vidyarthi, J.) (Ramesh Sinha, J.)

¶20

Order Date :- 30.1.2023 Ram.

¶21

Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench

Jitendra Bahadur Singh v. State of U.P. Thru. Chief Secy. Civil Sectt. Lko. and Others

Case brief

What is this about?

What did the court decide?

Jitendra Bahadur Singh v. State of U.P. Thru. Chief Secy. Civil Sectt. Lko. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Arunendra Mohan Shukla P.I.L. Vs Election Commission of India Thr.Chief Election Commissioner

Amit Kumar Gupta and Ors. Vs State of U.P.Throu.Addl.Chief Secy.Deptt.of Home Lko.and Ors.

Hari Shankar Pandey Vs State of U.P.Thru Chief Secy.Govt.of U.P.Lko.and Ors.

Manoj Kumar Dubey Advocate S/O Ram Mani Nath Dubey Vs State of U.P. Thru Prin. Secy. Nagar Vikas and Anr.

Gomti Nagar Jan Kalyan Maha Samiti Lucknow Vs State of U.P.through Secy Nagar Vikas and 7 Ors.

Rajkeswar Prasad Dubey Vs the Prin.Secy.Deptt.of Agriculture Marketing Lucknow and Ors.