1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.95 OF 2009 IN PUBLIC INTEREST LITIGATION NO. 27 OF 2008 ALONGWITH PUBLIC INTEREST LITIGATION NO.27 OF 2008 Vishnu Babaji Gavli ... Petitioner Vs. The State of Maharashtra and others ... Respondents Petitioner in person. Mr. S.R. Nargolkar, Assistant Government Pleader for the State. Mr. K.J. Gandhi for the respondent No.3. Mr. P.P. Chavan i/by M/s. Little & Co. for MSEB. CORAM: SWATANTER KUMAR, C.J. & DR. D.Y. CHANDRACHUD, J. DATE : 26TH MARCH, 2009 P.C.: The petitioner has filed the present Public Interest Litigation in relation to the regular supply of electricity to the examination centres in the schools where students have to give their final examinations. This PIL, in view of the statement made on behalf of the counsel appearing for the State and other authorities, came to be disposed of vide order dated 27th March, 2008. 2 2. According to the petitioner-applicant, as there was violation of the aforesaid order, contempt petition came to be filed. Upon notice, detailed affidavits have been filed from time to time including three affidavits which have been filed in court today. When this matter came up for hearing before us on 13th March, 2009, we passed the following order: “We have perused the affidavit filed on behalf of the State Board and the same is taken on record. After hearing the counsel appearing for the parties and the petitioner who appears in person, we issue the following directions for immediate compliance. a) A Committee consisting of the Chairman of the State Board with the Managing Director and the Chief Engineer of the Distribution Company shall sit together by tomorrow and examine the list which has been prepared by the Board in relation to the examination centres which are adversely affected by the load shedding protocol in order to ensure that there is no load shedding and there is regular uninterrupted electricity supply at the examination centres at least for continuous seven hours. This shall be duly verified and report be submitted to the court. (b) 1255 examination centres which admittedly are affected by load shedding and are not possessed of generator/inverter or any other alternative source of uninterrupted power supply during the examination shall also 3 be examined by this committee. The Secretary, Education Department, Government of Maharashtra shall ensure that these examination centres (schools) either purchase the generators or inverters or take on hire such equipments which will ensure the regular uninterrupted electric supply during the examination period to these schools/examination centres. c) The Education Department, Board and even the company shall be entitled to conduct surprise inspection of any of these centres to ensure that the directions contained in this order as well as previous orders are complied with; d) The Board and the Secretary to the Government of Maharashtra, Education Department shall issue a circular today itself directing all these 1255 examination centres to comply with the directions of the court, failing which they shall be liable to be proceeded against in accordance with law and Head of that institution shall be liable for action. e) This committee shall also take into consideration and propose effective steps to be taken in relation to the schools (examination centres) which are stated to be located in remote areas of the State of Maharashtra where there is electric supply but no electric appliances are being used in those schools/centres. A plan shall be submitted to ensure that in due course all these schools also are provided with electric appliances necessary for schools and they also have uninterrupted electric supply for 4 holding examination. 2. The report of compliance shall be submitted by this committee within two weeks from today. The petitioner is also at liberty to bring to the notice of the court the examination centres falling in any of the clauses except clause (e) where there is no electric supply during the examination hours. Stand over to 26th March, 2009. 3. The Officer Incharge of the State Load Dispatch Centre shall extend full cooperation and ensure that directions contained in this order are carried out properly. Parties to act on the authenticated copies of this order to be furnished during the course of the day.” 3. The affidavits now filed show that the concerned authorities have taken inspection of various examination centres and have found that most of the centres are adequately provided with electric supply and appliances while there are number of centres which are not adversely affected by the norms for providing of electric appliances and power supply. It is also stated on behalf of the State and the concerned authorities that a decision in principle has been taken by the Government to make it a condition precedent before they are granted recommendation and permission to hold the examination that they would provide 5 alternative power source to examination centres and thus, within a short duration, there would be no centre which is not provided with uninterrupted power supply and electrical appliances. As per the affidavit filed by the Secretary, Maharashtra State Board of Secondary and Higher Secondary Education as well as by the Joint Secretary to the Government of Maharashtra, the committee which was constituted by an above order has seriously pondered over the matter and has made the following recommendations: “3. After deliberation the committee decided that: (i) Board shall issue directions to all the 1255 examination centres in charge to arrange for generators at the examination centre and non- compliance of the said direction will resulting in action against the said institutions and the management. (ii) To prepare a master plan for the next examination in respect of the schools who are not having electric appliances, such as lights, fans etc. (iii) MSEDCL shall consider aspect of load shedding during examination time (i.e. 11.00 a.m. to 6.00 p.m.) and prepare load shedding protocol accordingly. (iv) The Energy Department shall issue directions to the Licencees namely Reliance, Tata etc. to maintain uninterrupted power supply where there 6 is no load shedding. “8............The committee after reviewing the available data and record prepared a master plan to ensure that by the time of the next examination to be held in October 2009/February, 2010 the examination centres are provided with electric appliances and also uninterrupted electric supply for holding examination by taking following steps. (i) To amend the Boards regulation and put conditions that all the examination centres should have necessary electrical appliances and electric connection and also uninterrupted supply of necessary electrical appliances and electric connection and also uninterrupted supply of electricity during examination period and should make arrangement for the generators; (ii) While granting approval to the schools/Jr. College, the State should put condition of arranging for electricity connection, light, fan etc. (iii) Electric connections, electrical equipments, facility to connect Inverters and alternate arrangement for the generators will be necessary for the approval of the School/Jr. College. (iv) If there is no facility/arrangement of the electric connections, lights, fans etc. then the Board may take action against the institutions including withdrawal of the Index code. 4. The above recommendations are proposed to be fully 7 implemented by the competent authority and without fail. 5. In view of the averments made by the State Government and the competent authority, we do not propose to keep this contempt petition pending before this court and would discharge the notice issued to the respondents strictly subject to the compliance of the recommendations and furthermore, we make it clear that this order is being passed on the premise as stated in the affidavits and reiterated as above from the instructions of the concerned authorities present in court that there are nearly 5500 examination centres out of which 1255 are the centres which are adversely affected because of load shedding and/or they do not have electric appliances. Regarding the 357 centres which are stated to be not provided with the electric appliances and which do not have even electricity to those centres, it shall be ensured that they are provided with regular power supply from any alternative source either by using Generators, Inverters, Solar or local electric power supply and all the schools are furnished with electric appliances without any further delay. This shall be treated as condition precedent to the grant of recommendation to any school affiliated by the concerned Board for holding examinations. In fact, before issuing permission to hold the examinations, the Director of 8 Education shall ensure that the above directions are carried out in the 357 centres. In 796 centres where there is load shedding, it is stated that all these centres have already provided alternative power supply but this shall be confirmed again by the authorities concerned and the concerned authorities shall issue a circular within one week from today ensuring power supply and acceptance of recommendations made by the Committee to all the centres/schools. The contempt petition as well as Public Interest Litigation both are finally disposed of leaving the parties to bear their own costs. CHIEF JUSTICE DR. D.Y. CHANDRACHUD, J.