Introduction: The judgment pertains Amarjeet and Others v/s State of Haryana and Others (CWP-23384-2017 (O&M)) The court takes note of significant anomalies and inaction by the Respondents in providing basic amenities to students in Government Schools. After seeking an affidavit, the court observes the substantial non-utilization of allocated budgets and the dire state of education infrastructure in Haryana.

Facts of the Case: The court, concerned about the inadequate facilities in Government Schools, sought an affidavit from the Director General of Secondary Education. The filed affidavit revealed substantial unutilized funds over ten years, bringing attention to the lack of execution of approved budgetary allocations and the surrender of allocated amounts annually.

Contention of the Petitioner: The Petitioner raised concerns about the non-utilization of allocated budgets, especially for staff salaries, schemes, and infrastructure facilities. The Petitioner highlighted the urgent need for additional information regarding budget allocation and execution in various categories.

Response of the Respondent: The Director of Secondary Education, Haryana, filed an affidavit providing details of budget allocation, expenditure, and surrendered amounts for the specified financial years. The affidavits disclosed that a sum of Rs.1,176.38 crores remained unutilized over a decade, and the State Government’s budget allocation of Rs. 13,420.97 crores for the same period went unused. However, the court finds the response lacking in commitment to addressing core issues and criticizes the absence of timelines for providing essential amenities.

Court Observation: The Punjab and Haryana high court expresses dissatisfaction with the statistics presented, labelling them as mere jugglery with no commitment to resolving glaring issues. It notes the absence of a concrete action plan, lack of pro-active vision, and leadership in the Department of Education.

The Court observed that “The Government’s insensitivity is glaring as Govt. Schools yearn for rooms, electricity, toilets as well as drinking water. With the Govt. of India vigorously pursuing ‘Swachh Bharat’ Mission and wanting to set up toilets for every household and repeated instances of girls being sexually harassed and assaulted in schools in Haryana, absence of toilet in 538 girls’ schools only highlights the plight and condition at the ground level. Absence of any crystallized action plan only reflects that there is complete lack of planning on the part of the respondent-authorities. The position has remained unchanged even though this Court had at an earlier occasion made an attempt to sensitize the officials by calling the Director of the School Education as well as the Principal Secretary of School Education and requesting them to come up with complete action plan so that the above said issues pertaining to basic amenities could be redressed.”

Court Decision: Given the government’s insensitivity to the plight of Government Schools, the court requires the personal appearance of the Principal Secretary and Director of Secondary Education. They are directed to file affidavits specifying timelines for pending works and are imposed a cost of Rs. 5 lakhs, to be transferred to the Department of Women and Child Development for the welfare of children’s homes. The court keeps open the question of fixing administrative responsibility for the lapses. The matter is scheduled for further consideration on 15.12.2023.