Hon'ble Y.C. Gupta, J.
Heard petitioners in person along with Sri Anil Tiwari, Advocate, General Secretary of the Bar Association, High Court Allahabad and Sri Mahesh Chandra Chaturvedi, learned Chief Standing Counsel assisted by Sri Ghanshyam Dwivedi, learned Standing Counsel for the State-respondents.
In response to the directions issued by us yesterday i.e. 9th June, 2011, the Principal of the Moti Lal Nehru College, Allahabad and attending Doctors of ANT.-RETROVIRAL THERAPI CENTRE, S.R.N. Hospital, M.L.N. Medical College, Allahabad are presented today in the Court. We have been informed that two HIV positive students are being regularly treated upon at the aforesaid Centre and a record is being maintained for the purpose. The booklet issued in respect of aforesaid two students have been produced before the Court today. We are not happy with the manner in which the records have been kept. However, the Principal of the Medical College has assured that he shall personally monitor, that the aforesaid two HIV positive infected children are regularly treated upon at the centre at least once in a month. The Doctor-Incharge of the Centre shall personally report the visit of the aforesaid two HIV positive infected students to the Principal, who shall make endorsement in the relevant records qua visit of the inmates on the particular date. The Principal has further assured the Court that he shall personally visit the Bal Grah, if possible, at least once in a month and if any, discrepancy or negligence is noticed in the matter of treatment of the inmates, appropriate action shall be taken and reported to the authorities. In respect of children who are suffering from mental disease, we have been informed by the Principal that children shall be personally examined by Doctor, Sri V.K. Singh of the Medical College on Monday i.e. 13th June, 2011 at 10:00 A.M. and in respect of each student individually, a report card shall be prepared indicating the medicines prescribed as well as food supplement required for the child concerned.
We have been assured by the Chief Standing Counsel that medicines and the food nutrients shall be made available for the inmates concerned within 24 hours of the prescription by the Chief Medical Officer. In respect of two deaf and blind students also, medical examination shall be carried out and if need be suitable treatment along with medicines and food nutrients required shall be prescribed.
Learned Standing Counsel states that action has already been recommended against the attending Doctor, Sri P.P. Mishra by the Director and the action taken in that respect shall be reported to the Court on the next date.
Trained nurses shall be posted at the Bal Grah by the Chief Medical Officer, Allahabad in order to ensure the availability of such trained nurse all 24 hours a day. This direction is being issued by us in the background that two HIV positive infected students are residing therein and any injury to such HIV positive infected students may lead to a situation where other inmates may also be infected by the HIV virus. The direction so issued shall be carried out by the Chief Medical Officer without fail with effect from 13th June, 2011. In respect of physically handicapped children, necessary wheel chair shall also be provided within the same period.
So far as the other staffs posted at the Bal Grah are concerned, we have been further informed that not only requisite number of staffs of all category shall be posted under the supervision of the Director, Women Development, U.P. Lucknow, it shall also be ensured that staffs so posted maintain the standard of cleanness as required and preform their duties in the manner expected.
So far as the availability of teaching staffs for the students of Bal Grah is concerned, Sri Brijesh Mishra, District Shiksha Adhikari, Allahabad is present in the Court. He has made a statement that two letters were written to Nagar Shiksha Adhikari, Allahabad, in January, 2011 and other in February, 2011 for suitable action being taken against the teachers who were earlier posted at Bal Grah to impart education, but had absented themselves after joining since October, 2010. However, Nagar Shiksha Adhikari did not respond. For nearly 8 months as on date, there has been no teacher for the Bal Grah. The situation is unsatisfactory. The lethargy shown by the Officers of the State in that regard cannot be approved of. It is the duty of the Basic Shiksha Adhikari to ensure that the two teachers as required do attend the Bal Grah regularly without fail on every working days during the period as prescribed, so as to impart education to the inmates.
We have been informed by the Basic Shiksha Adhikari that hence forth from Monday i.e. 13th June, 2011, two teachers shall regularly visit the Bal Grah during summer season between 7:00 a.m. to 12:00 noon, which would be the teaching hours and similarly between 10:00 a.m. to 4:00 p.m. during winter season.
We may record that there should be no complaint in future by the petitioners that the teachers did not attend the Bal Grah as required and indicated above. It shall be the responsibility of the Basic Shiksha Adhikari himself to monitor the availability of the teachers at the Bal Grah. The Director of Education (Basic) may also examine the reasons for the absence of the two aforesaid teachers appointed earlier as well as inaction on the part of the Nagar Shiksha Adhikari, Allahabad and to take all necessary action in that matter so that such lapses are not repeated in future. If domestic enquiry has already been initiated, it must be brought to its logical end without any leniency at the earliest.
An affidavit has been filed today disclosing the utilization of all ten rooms, which are available in the premises, each room has been earmarked for specific purposes. The common room is to be provided with Television Set with cable and dish antenna.
All necessary other essentials as required as per Schedule-I of the Juvenile Justice (Care and Protection of Children) Rules, 2007 shall be provided to inmates and where necessary, purchase shall be made within 15 days from today. The goods after being entered into the relevant stock register shall be permitted to be utilized by the students of the Bal Grah.
Petitioners have the liberty to inspect the Bal Grah at any point of time on any day, they so like and to report the compliance/non-compliance of the direction issued above.
We also direct that the Bal Grah shall be provided two overhead storage tanks of requisite capacity, one to be utilized for kitchen and purified water purposes and other for toilets. A new water supply connection having a source from the main-line of the Jal Sansthan, Allahabad shall be connected to the aforesaid overhead storage tanks and if need be, a water lifting pump shall also be installed in order to ensure running water practically all 24 hours at the Bal Grah for toilets and drinking purposes. A water purifier shall also be installed. All this shall be done within ten days from today. The In-charge of the Bal Grah shall ensure that toilets and the rooms are cleaned every day by the sweeper appointed for the purpose.
The installation of the coolers and the exhaust fans, as per the report of the Director, must be so done within one week from today after ensuring that necessary wiring is carried out as per the standards prescribed for Government Buildings. It is made clear that no room shall be locked and all parts of the house must be put to their maximum use. The Director may also examine the feasibility for education being imparted to deaf and blind students as well as children suffering from mental decease.
Two important aspects, which need enquiry may now be noticed by this Court:
(a) between 20th July, 2009 to 14th February, 2011, 7 of the inmates have expired, and
(b) in last 5 years, 20 inmates have been adopted ,out of these 20 inmates, 18 inmates are girl child.
Some responsible officer must hold an enquiry with regard to the cause of death of 7 inmates and the exceptional higher rate of adoption of girl child. In that respect, an apprehension has been expressed by the petitioners that the girls are being adopted for ulterior motives.
We in the facts of the present case feel it just and proper to request the Commissioner, Allahabad Division, Allahabad to conduct an independent enquiry into the aforesaid two aspect of the matters.
He is requested to himself examine the cause of death of each of the seven inmates and to submit his report. In case, it is found that such death had occurred because of any negligence or mistake on the part of the persons responsible, suitable action shall also be recommended.
So far as the adoption of girl child is concerned, the Commissioner shall ensure the verification of the address of the parents, who have adopted the girl child individually and shall record his satisfaction as to whether the girl children are in safe hands or not.
Such report by the Commissioner in respect of aforesaid two aspect of the matters may be submitted before this Court within one month. We hope and trust that having regard to the seriousness of the welfare of the orphan children, Commissioner shall leave no stone unturn to arrive at the truth.
The District Probation Officer, Allahabad shall visit the Bal Grah regularly and shall submit his report, as required under the Juvenile Justice (Care and Protection of Children) Rules, 2007. The Director, Women Welfare, is also requested to visit the Bal Grah from time to time.
We further permit the petitioners to visit any other Child/Orphan home in the District of Allahabad, if they so desire, and to submit their report, so that this Court may intervene and may issue appropriate directions. We make it clear that all responsible for the Bal Grah/Orphanage in the city of Allahabad, shall provide all assistance to the petitioners.
This matter be listed before appropriate Bench hearing public interest litigation petitions on 20th July, 2011 by which date the necessary affidavits in compliance shall be filed by all responsible.
This Court records its apprehension for the hard work put in by the petitioners in the matter.
(Arun Tandon, J.) (Y.C. Gupta, J.) Order Date :- 10.6.2011 Sushil/-