APHC010176752023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI Bench Sr.No:-31

[3483]

WP(PIL) NO: 47 of 2023

Keethineedi Akhil Sri Guru Teja ...Petitioner

Vs.

The State of Andhra Pradesh and others ...Respondents

********** Advocate for petitioner : Sri G. Arun Showri

Advocates for respondents : Smt S. Pranathi, learned Special Government Pleader.

CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI

DATE : 8th January 2025

P C :

The present petition has been filed highlighting the inadequacies in various hostels being run by the State Government known as Dr. B. R. Ambedkar Gurukulams.

The Social Welfare Department controls the functioning of these hostels, which are approximately 1051 in number and are spread all over the districts throughout the State of Andhra Pradesh. It is not denied that the guidelines prescribed by the National Commission for Protection of Child Rights (N.C.P.C.R.) are accepted and required to be implemented by the State Government for the benefit of the children who are studying in these hostels. The age of the children range up to 16 years and below. There are approximately 90,000 students, who are stated to have been housed in these hostels and belong to the marginalised and poor sections of the society.

In the petition, the petitioner states that through the information under the Right to Information Act, 2005, information was collected in regard to 14 hostels and the information provided to the petitioner suggests gross gaps between what has been prescribed as per the guidelines prescribed by the N.C.P.C.R. and what is actually available on the spot.

It is stated by the petitioner that the children in most of the schools were not provided with pillows, mosquito nets, mosquito repellents, hot water facility for bathing etc., It is also highlighted, as per the information provided, that in some hostels, there were no dormitories and separate rooms for children to sleep and were being made to sleep in the classrooms only. In some hostels, it is stated that no mattresses were provided to the children and the children were made to sleep on the floor on dhurries.

Smt S. Pranathi, learned Special Government Pleader, states that within the economic capacity of the state, funds are provided to the Social Welfare Department with a view to maintain the hostels, which are approximately 1051 in number, housing thousands of children. It is also stated that whereas in the year 2018-19, approximately Rs.20,00,00,000/- was made available for upkeep and maintenance of such hostels but in 2019-2020, the same was reduced to Rs.12,12,18,000/-. From the counter affidavit, it can be further seen that the budgetary allocation had been reduced considerably from 2018-2019 to 2022-2023 and 2023-2024.

Year	Budget Allocation
	HoA:2225-01-277-00-07-270/272
	(Maintenance/Repairs)
2018-19	Rs.20,00,00,000
2019-20	Rs.12,12,18,000
2020-21	Rs.10,00,00,000
2021-22	Rs.24,61,000
2022-23	Rs.2,45,21,000
2023-24	Rs.2,69,31,000
2024-25	Rs.143,00,00,000

The following table reflects the position as regards the budgetary allocation:-

From the aforementioned table, it appears that there is gross inadequacy in the budget allocation till 2023-24, which has been increased in 2024-2025 to Rs.143,00,00,000/-. The budget allocation was at its lowest when for the year 2021-22 an amount of Rs.24,61,000/- alone was allocated, we fail to establish as to how 90,000 students, who were housed in these hostels throughout the State of Andhra Pradesh, could have been maintained with such a paltry sum. Although for the year 2024-2025, the Government appears to have allocated an amount of Rs.143,00,00,000/-, the same may also be inadequate considering the facilities which are required to be furnished to children to be brought up and shaped as future of this country.

With a view to assess the exact condition of the hostels in regard to their infrastructure as also the facilities which are individually made available to children in terms of bedding, mosquito nets, drinking water, washroom, toilets etc., we direct the Commissioner, Social Welfare Department to provide data in a systematic form with reference to each hostel and the students housed therein with regard to the facilities which are being provided and the facilities which ought to be provided but have not been provided. The information be collected and furnished at the earliest and preferably, within three (3) weeks from today.

The affidavit which will be filed by the concerned officer shall also reflect the funds which are additionally required. Details be furnished as regards funds utilized till now out of the allocation of Rs.143,00,00,000/- and in case the amount has not been fully utilized, the reasons there for. The affidavit shall also assess the actual requirement to run these hostels in total compliance with the guidelines prescribed by the N.C.P.C.R.

We also direct the District Legal Services Authorities in all the districts to inspect at least five such hostels in the first instance and submit reports as regards the facilities provided and the deficiencies in the context of the guidelines prescribed by the N.C.P.C.R. The reports also be furnished on or before the next date of hearing.

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The District Legal Services Authorities shall also interact with the students residing in the said hostel and get first hand information with regard to their problems and the deficiencies especially with regard to food, bedding, toiletries and other essentials. It shall also verify as to whether they are getting the meals in accordance with the prescribed guidelines during the course of each day.

For the purposes of submitting the report, we would advise the officers from the District Legal Services Authorities to go through the prescribed guidelines to understand the context in which the report has to be submitted, especially the guidelines as prescribed under Clause 10 dealing with Nutrition and Diet Scale, Clause 11 dealing with Mental Health, Clause 12 dealing with Recreational Facilities, Clause 17 (1) dealing with Physical Infrastructure and Clause 17(2) dealing with Minimum Standards for Clothing, Bedding, Toiletries and other Articles.

Copy of this order be communicated to the A.P. State Legal Services Authority to be communicated further to all the District Legal Services Authorities.

List on 29.01.2025.

DHIRAJ SINGH THAKUR, CJ

RAVI CHEEMALAPATI, J

AMD