Delhi HC directs GNCTD to release amount to PWD for 6 new school buildings

The Delhi High Court has issued a directive to the Finance Department of the Delhi Government, instructing them to release the necessary funds to the Public Works Department (PWD) for six recently constructed government school buildings that remain non-operational due to pending payments. In an order dated January 4, 2024, the bench comprising Justice Manmohan and Justice Manmeet Pritam Arora emphasized the need for timely action.

The court’s intervention followed a petition from the NGO Social Jurist, which drew attention to the non-utilization of the school buildings due to outstanding dues. The court order specified that, considering previous directives and the inter-departmental nature of the transaction, the Finance Department of the Government of National Capital Territory of Delhi (GNCTD) is obligated to release the required amount to the PWD within two weeks, after obtaining all necessary approvals.

The government owes the PWD a sum of Rs 625.21 crore for the construction of the schools. According to an NGO representative, thousands of students have been deprived of access to these six buildings for over two years.

In an earlier hearing, the court expressed dissatisfaction with the Delhi Government, highlighting the serious issue affecting government finances and hindering the use of the newly constructed schools. The court stated, “You have to provide school buildings to students; it is for students. You are forcing us to take harsh action as the Supreme Court has done. We are going to stop your advertisements.”

Advocate Ashok Agarwal, representing the petitioner, emphasized the failure of the respondents to fulfill their constitutional and legal obligations in providing education. He argued that this negligence violates the Right of Children to Free and Compulsory Education Act, 2009, and the fundamental right to education under Articles 14, 21, and 21-A of the Constitution of India.

The petition highlighted the significance of the matter for the benefit of numerous students in areas like Mukundpur, Bakhtawarpur, Lancer Road, Rani Bagh, Rohini, and MS Punjab Khore. The plea emphasized that the shortage of classrooms in these six Delhi Government schools has led to a high student-teacher ratio, adversely affecting the Right to Education for thousands of students in the vicinity.