NEW DELHI: How can a school run without classrooms and only with facilities like a boundary wall, toilet block, and drinking water space alone, the Delhi HC asked, expressing dismay at the authorities for their inaction in rebuilding an MCD-run primary school in Khirki Village.
The court’s remark came after it was informed that the Archaeological Survey of India (ASI) had granted permission for repair and renovation of existing facilities like a porta cabin, toilet block, boundary wall, and water space—but not for the construction of classrooms.
“It is beyond comprehension as to how a school can run without classrooms and only with the facilities of boundary wall, toilet block and drinking water space alone,” said a bench of Chief Justice D K Upadhyaya and Justice Tushar Rao Gedela in a July 2 order, adding that the school “will require classrooms as well.”
The school, which shares a wall with the Tomb of Yusuf Qattal, was constructed in 1949 to educate local children. It was demolished in 2012, and 350 students were shifted to another MCD school. ASI had objected to reconstruction without a no-objection certificate, citing the protected status of the tomb.
A petition filed by the Khirki Village Residents Welfare Association was earlier disposed of last year after the court directed ASI to decide on MCD’s application for reconstruction “in accordance with law… preferably within six weeks.” But no progress has been made, the court noted.
“We gather an impression that the authorities, both of the ASI and MCD, do not appear to be serious in getting the sanction for reconstruction/repair of the school being run by the civic body,” the bench observed.
The court also said it was “astonished” that an order meant to be complied with in six weeks had remained unimplemented nearly a year later.
“It is beyond our comprehension as to how the authorities are acting in this manner, both those of the MCD and ASI, risking initiation of contempt proceedings. Such a situation cannot be approved of by the court,” it said.
The counsel for the petitioners pointed out that no permission had been granted for constructing classrooms, despite ASI’s clearance for partial repair works. MCD’s counsel said the proposal for classroom construction was “under preparation.” The court has now directed the MCD to submit a fresh application to ASI specifically seeking permission to construct classrooms.
“If such a proposal is made, it should be considered by the authorities keeping in mind the necessity of running the school which cannot be granted without the classes,” it said.
The court has ordered the competent authority to take a decision within two months of receiving the application.
The matter will be heard again in October.