Sanchayita Lahkar

The High Court of Punjab and Haryana, Single Bench of Justice N.S. Shekhawat, in a strongly worded order, highlighted the alarming state of a government school in Amritsar’s Tapiala village, where a single teacher manages all classes in the absence of a headmaster, with only one room for three classes and no separate toilet facilities for staff. Expressing concern over the lack of infrastructure and teachers, the Court held that both the Centre and the State are constitutionally obliged to uphold the Right to Education Act. It directed the Education Secretary to furnish a detailed report on school conditions across Punjab and ordered the matter to be placed before the Chief Justice for consideration as a public interest litigation.

The petitioner, Vikramjeet Singh, a Hindi teacher, approached the High Court under Articles 226 and 227 of the Constitution of India seeking a writ of certiorari to quash the inaction of respondents—specifically the education department authorities—for not relieving him from his current posting in compliance with a transfer order issued on August 31, 2024. During the proceedings, the State counsel informed the Court that the petitioner was the only teacher currently serving at the Government Middle School, Tapiala, Amritsar, and that no other teacher was available for any subject.

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The Court was informed that the school lacked basic infrastructure, including classrooms, adequate sanitation facilities, and teaching staff. There was only one classroom available for classes VI to VIII, two toilets for students, and no separate toilet for teachers. The post of Head Master remained vacant, and a Principal from another government school held additional charge of Tapiala school and another school in Beas. The Court noted that only nine students were enrolled at the school, most belonging to economically weaker sections, possibly attending for mid-day meals. The judge recorded that even the computer teacher attended only twice a week while being permanently posted elsewhere. The Court found the situation symptomatic of a larger systemic failure in Punjab’s government schools and a violation of the Right to Education under Article 21-A of the Constitution.

Justice N.S. Shekhawat recorded that “the facts of the present case clearly highlight the sorry state of affairs in the Government schools in the State of Punjab and it appears that the higher officers of the Education Department are completely oblivious of such conditions.” The Court expressed deep concern that government schools were functioning “without any teachers, Principals/Head Teachers, toilets and other basic amenities.”

The Bench cited Article 21-A of the Constitution, inserted by the 86th Amendment Act, 2002, mandating free and compulsory education for children aged six to fourteen years. Referring to the Right of Children to Free and Compulsory Education Act, 2009, the Court outlined the statutory duties imposed upon the State and local authorities to ensure educational infrastructure and adequate staffing. Justice Shekhawat reproduced key provisions of Sections 3, 6, 7, 8, and 26 of the Act, stressing that the government must provide schools within accessible neighbourhoods, ensure adequate teachers, and fill vacancies so that they do not exceed ten percent of sanctioned strength.

The Court also cited the detailed schedule attached to the Act, specifying minimum norms, including one classroom per teacher, separate toilets for boys and girls, a functional kitchen for mid-day meals, and a playground. The judgment referred to the Supreme Court’s judgement in State of Tamil Nadu and Others v. K. Shyam Sunder and Others (2011 AIR SC 3470), stating that education must aim to remove disparity and discrimination. Quoting from that judgment, Justice Shekhawat noted: “The right of a child should not be restricted only to free and compulsory education, but should be extended to have quality education without any discrimination on the ground of their economic, social and cultural background.”

The Bench also cited Environmental & Consumer Protection Foundation v. Delhi Administration (W.P. (C) No. 631 of 2004), wherein the Supreme Court directed state governments to provide basic infrastructural facilities in all government primary schools, observing that failure to do so would render Article 21-A meaningless. The Court remarked that in a welfare state, the destiny of a nation lies in its youth and that the State must ensure quality education and adequate infrastructure, not merely free education.

Justice N.S. Shekhawat directed the Secretary, Department of Education, Government of Punjab, to personally file an affidavit on record. The affidavit must contain verified and comprehensive details of the condition of all Government Middle Schools across Punjab. The Court instructed that the affidavit should specify, in categorical form, “the complete details of all the Government Middle Schools in the State of Punjab, where less than five rooms are there (three rooms are required as classrooms, one for Head Teacher/staff members and one for office as well as store room).”

The affidavit must further contain “the details of the Government Middle Schools where no regular Head Master has been posted; the number and details of schools where less than five teachers are posted; the details of Government Middle Schools where there are no separate toilets for boys, girls and staff; the list of schools where less than fifty students have been enrolled in the present academic session along with information whether any steps have been taken to get more students enrolled in such schools; and the details of Government Middle Schools where there is no provision for clean drinking water for the children.”

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The Court also directed the Secretary to furnish “the number and details of schools where no sweeper has been provided for cleaning the toilets, whether separate funds have been provided by the State for purchasing toilet cleaning material in the schools, and the details of the middle schools where no playground is available for the students.” The Court further ordered disclosure on “whether any provisions have been made by the State to set up napkin vending machines in the Government Middle Schools for girl students only.”

“A copy of this order may be placed before the Hon’ble Chief Justice with a humble request to treat the present order as a Public Interest Litigation.” The case was directed to be listed before the appropriate Bench for further consideration on 14.10.2025 and shown in the urgent list

Advocates Representing the Parties
For the Petitioner: Mr. Sunny Singla, Advocate.
For the Respondents: Mr. Surya Kumar, Additional Advocate General, Punjab.

Case Title: Vikramjeet Singh v. State of Punjab and Others
Case Number: CWP-26877-2025
Bench: Justice N.S. Shekhawat