PUBLIC WELFARE ASSOCIATION Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) 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.

(2.) The facts of the case are that as on the date of filingof 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 posaitlve 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.

(3.) 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 least 32 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.