2011 INSC 1250
Environmental & Consumer Protection Foundation
v.
Delhi Administration & Others
(Supreme Court Of India)
HON'BLE DR. JUSTICE DALVEER BHANDARI HON'BLE MR. JUSTICE
DIPAK MISRA
Writ Petition (Civil) No. 631 Of 2004 | 05-12-2011

1. On 18-10-2011, a statement was made by the learned counsel for the State of
U.P. that except in 300 schools, portable drinking water facility is available in
all other schools in the State. The learned counsel for the State of U.P. submits
that even in the remaining 300 schools in the State of U.P., arrangements have
been made for providing potable drinking water and permanent arrangement for
making potable drinking water available would be made very shortly.

2. The learned counsel for the State of Jammu and Kashmir has handed over a
copy of the affidavit filed by the Commissioner/Secretary to the Government,
School Education Department, Government of Jammu and Kashmir in which it
is indicated that arrangements have been made for providing drinking water in
all the schools in the State; heads of the institutions have been directed to make
arrangements for installation of syntax tanks which could be filed by a pipe
from a nearby post; the Public Health Engineering Department has undertaken
to provide chlorine tablets to the headmasters and teach them how to use it and
will also provide a filter under the Jal Mani Scheme to the schools where syntax
tanks are installed. In view of the affidavit handed over today, all the schools in
the State of Jammu and Kashmir have also been provided with the facility of
drinking water.

3. In our previous order dated 18-10-2011 (Environmental and Consumer
Protection Foundation v. Delhi Admn., (2012) 10 SCC 211), we clearly
indicates that it is imperative that all the schools must provide toilet facilities;
empirical researches have indicates that wherever toilet facilities are not
provided in the schools, parents do not send their children (particularly girls) to
schools. It clearly violates the right to free and compulsory education of
children guaranteed under Article 21-A of the Constitution.

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4. The office report dated 3-12-2011 indicates that despite opportunity granted,
the States of Tamil Nadu, Gujarat, Chhattisgarh, Meghalaya, West Bengal,
Arunachal Pradesh, Punjab, Goa, Tripura and Union Territory of Lakshadweep
have not filed their affidavits. One more opportunity is granted to these
States/Union Territory to file their affidavits. Let the affidavits be filed within
two weeks from today. No further time shall be granted for this purpose.

5. We are told that the Ministry of Drinking Water and Sanitation is the
Ministry concerned. We request the learned Additional Solicitor General
appearing on behalf of the Union of India to take instructions from the Ministry
of Drinking Water and Sanitation and file an affidavit within four weeks from
today, indicating therein the latest position about the problem of drinking water
in the country.

6. The learned counsel appearing on behalf of Kendriya Vidyalaya Sangathan as
also on behalf of Jawahar Navodaya Vidyalaya undertakes to file an affidavit
within four weeks from today after serving an advance copy thereof upon the
learned counsel for the petitioner. List this matter on 10-1-2012 for further
directions.

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