The Delhi High Court expressed dissatisfaction on Monday over the reported non-utilization of six newly constructed government school buildings in Delhi due to unpaid dues, urging authorities to act promptly for the benefit of students.
A bench headed by Acting Chief Justice Manmohan questioned the government’s actions, stating, “Why is this happening? Why are these matters coming to court? If there is a financial emergency, tell us. It can’t be that you ignore all this. You are the government; you have to release the funds.”
The petitioner, NGO Social Jurist, claimed in its Public Interest Litigation (PIL) that possession of six newly constructed school buildings with 358 classrooms could not be taken over due to the city administration’s inaction in approving the payment of Rs 16.67 crore to the Public Works Department (PWD).
The petitioner urged the Delhi government to convene a meeting of the Council of Ministers to consider and approve the payment of dues to the PWD for further payment to the contractor.
The bench, including Justice Mini Pushkarna, emphasized that the government cannot refuse to release funds and that fully constructed buildings must not remain unused. The court highlighted the priority of education, stating, “How can you have a 100 per cent complete building that is not being used? Education is your priority. Get this done quickly.”
Delhi government lawyer Santosh Kumar Tripathi mentioned that there might have been “some discrepancy” with the contractor, leading to the buildings not being utilized. The court asked the government to consider the larger picture in the interest of students and granted time to state its stand on the petition after issuing a notice.
The court suggested, “There can be reasons after reasons. You must look at the bigger picture. The school building has to be used. Otherwise, we can say that the Delhi government must declare a financial emergency.” Advocate Ashok Agarwal, representing the petitioner, argued that the conduct of the city authorities violated the fundamental right to education under the Indian Constitution and the Right of Children to Free and Compulsory Education Act.
