HON'BLE SRI JUSTICE V.ESWARAIAH and HON'BLE SRI JUSTICE N.RAVI SHANKAR W.P.No.31943 of 2011 ORDER: (per Hon’ble Sri Justice V. Eswaraiah) This case is taken up on the basis of a newspaper report dated 30- 11-2011 exhibiting deplorable conditions of children in Welfare Hostels in the twin cities. On 05-12-2001 a report was called for from the respondents with regard to the Welfare Hostels in the twin cities as to whether they are registered and the facilities that are available in those hostels and also with regard to the steps that are being taken by the respondents to remedy the situation. The learned amicus curiae was requested to assist in the matter. Subsequently, after service of notice, the respondents are directed to file status report and the learned amicus curiae was also directed to inspect the hostels and file report. Accordingly, the learned Amicus curiae inspected the hostels and filed report suggested certain remedial measures. 2. This Court passed several orders with regard to the improvement of living conditions of the children in various social welfare hostels in the twin cities while pointing out laxity shown by the respondents in looking after the welfare of the children. This Court by order dated 23-01-2012 requested the learned Amicus Curiae to visit the hostel of physically handicapped children in Asmanghad accompanied by the Member Secretary of the Andhra Pradesh State Legal Services Authority and file a joint report. Pursuant to the report filed by the learned Amicus curiae, we directed the Government to take steps to improve the living conditions of the children in various social welfare hostels in the twin cities. Pursuant thereto, status reports have been filed from time to time. 3. During pendency of the taken up writ petition, Dalith Bahujana Vyavasaya Karmika Sangam, represented by its General Secretary filed W.P.M.P.No.42029 of 2011 seeking to implead it as the 7th respondent in the writ petition, making various allegations with regard to functioning of the Social Welfare Hostels through out the State. It is stated that the students who are staying in those hostels are given a diet of low quality rice, watery sambar and inadequate nutritious food. The official respondents did not provide basic necessities like adequate nutritious food and blankets for withstanding cold weather and they are running the hostels without minimum facilities. It is stated that there are 441 welfare hostels in the State with strength of 75258 boarders. Accommodation and boarding are provided to the children free of cost. It is stated that 599 ashram schools are functioning in the tribal concentrated areas. It is stated that 99 ashram primary schools, 209 ashram upper primary schools and 291 ashram high schools are functioning providing schooling and hostelling to 1,40,611 children. The students in social welfare hostels belong to SC, ST, BC and other communities. All of them belong to below poverty line families. The children joined in these hostels with a fond hope of getting better education prospects and secured life. But, the conditions in the hostel are not encouraging education to the poor students. It is stated that as per the Schedule, the Government is spending Rs.15/- to Rs.32/- per day for each student and out of it, part of the amount is swallowed by the officials. 4. It is further stated that the Government issued G.O.Ms.No.41, dated 11-03-2008 enhancing cosmetic charges, hair cutting charges, stitching charges, bedding material cost and also providing four pairs of uniforms instead of two pairs to the students and also providing additional toilets and bath rooms in those hostels, but the diet charges are not enhanced. 5. It is further stated that several students died in the Social Welfare Hostels due to fever, jaundice, stomach pain, viral fever, vomiting, motions, anaemia, heart complaint, drowning, snake bite, accidents and collapsing of walls. Some of the said diseases are curable, if treatment was given in time but because of the negligence on the part of the officials, no treatment was given, due to which several students had died. It is stated that though several representations have been made to the respondents in this regard, no action has been taken. 6. After impleading the 7th respondent, the counters have been filed by respondents 3 and 4. In the counters, they stated that it is not correct to state that students are given diet of low quality rice, watery sambar and inadequate nutritious food and in fact, they are providing good quality of rice to the students by obtaining it at subsidized rate of Rs.4/- per kg. from the A.P. State Civil Supplies Corporation and the remaining provisions like Palmolien Oil, red gram dal etc., are being provided through tender process approved by the District Purchasing Committee headed by the Joint Collector of the District concerned. The food menu as prescribed by the District Collector concerned is being scrupulously followed by the Hostel Welfare Officers in respect of all the hostels under District Collector’s jurisdiction. Apart from adequate nutrition diet, they are paying Rs.50/- per month for each male boarder towards soaps, coconut oil, tooth paste, tooth brush etc., and for female boarders monthly cosmetic charges are being sanctioned at Rs.55/- for classes 3rd to 7th standard and Rs.75/- for classes 8th to 10t h standard. They are also providing hair cutting charges of Rs.12/- per month for each male boarder and Rs.15/- per month for each female boarder for sanitary napkins. It is stated that 2358 Social Welfare Hostels/Institutions are functioning under the control of Social Welfare Department in the State and there are 1,85,000 boarders studying in those Hostels/Institutions. The students admitted in the said institutions were provided with free boarding, accommodation, schooling and other educational incentives, apart from medical care. 7. It is further stated that the Scheduled Caste community students are being provided with free accommodation and boarding and are being paid diet charges of Rs.475/- per month for each student studying in classes III to VII standard and Rs.535/- per month for each student studying in classes VIII to X standard. The said rates were enhanced from Rs.338/- and Rs.412/- respectively vide G.O.Ms.No.59, dated 01-04-2008 and G.O.Ms.No.76, dated 24-04-2008. It is stated that recently the Government has constituted a committee of Principal Secretaries of Welfare Department including the Social Welfare Department to look into the necessity of revision of diet charges of hostel boarders and that Committee meetings were held on 17-11-2011, 21-11-2011, 22-11-2011, 03-05-2012 and 13-07-2012 and final decision is awaited. 8. It is further stated that from 2011-12 onwards the Government has introduced the green channel procedure under G.O.Ms.No.147, dated 11- 07-2011 and G.O.Ms.No.241, dated 29-10-2011, whereby the budget towards educational institutions is being released under the heads of diet charges, rents of welfare departments, water and electricity charges of welfare department, cosmetic charges of welfare departments, material and other supplies of welfare departments. Thus, it is stated that further instructions have been issued from time to time to the Deputy Directors with regard to the preventive measures to be taken to control the spread of epidemic diseases which are caused due to water borne infections and also to provide necessary treatment to the sick hostels boarders. 9. It is further stated that major repairs have been taken up in all educational institutions under a program called “Samkshema Bata” with a total cost of Rs.50.00 crores. The Government is also providing bedding material at Rs.300/- per set every year (one carpet and one bedsheet) in addition to trunk box, plate and glass to each Social Welfare Hostel boarder. 10. It is further stated that whenever necessity arises an amount of Rs.5,000/- can be sanctioned by the Deputy Directors at the District level for treatment of serious ailments from the available budget. In all serious cases, instructions were given to refer them to the District Hospitals, SVIMS, NIMS, Osmania Hospital, Niloufer Hospital, Gandhi Hospital and other approved hospitals for better treatment. 11. It is further stated that database of all the children in the educational institutions have been computerized from the academic year 2011-12 and further their progress and performance are being monitored online through a separate web application. It is further stated that 10th class students got good percentage of marks in the year 2011-12 when compared to the previous years, which clearly shows that the Social Welfare Department is providing good education to the students studying in the social welfare hostels. 12. It is common knowledge that in our Nation, poor people constitute the majority of the population and many of the students hail from those sections i.e., under privileged sections are studying in Social Welfare Hostels. The Constitution enjoins the Government to ensure justice, social, economic and political to the weaker sections of the Society. 13. We have seen the counter affidavits filed by respondents 3 and 4. We find that the Government is taking all steps to improve the living conditions of students, who hail from poor and under privileged sections of the Society, for whose benefit the Hostels are established. In those circumstances, we are of the view that no further orders are necessary for the time being. The Government took steps to improve the living conditions of students in the hostels meant for backward classes, scheduled castes and scheduled tribes. It is also noticed that during the year 2005 nearly 95 deaths had occurred because of ill health and for other reasons. It is seen that no information is forthcoming for the subsequent periods. We hope that the authorities will ensure that all steps are taken to look after the health of the students studying in the Social Welfare Hostels. It is also mentioned that the children of the Nation constitute its property and therefore, it is incumbent to look after the welfare of the poor students who hail from backward class, scheduled caste and scheduled tribe communities and also of those children who are living below the poverty line. We hope that the Government will take all possible steps to improve them in all respects. We also reiterate here that the development of a Nation depends upon the alround development of its children and we direct the Government and the authorities concerned to take all possible steps to bring about the development of all the children in a holistic manner. 14. With the above observations, the writ petition is disposed of. No order as to costs. ________________ V.ESWARAIAH, J ___________________ N.RAVI SHANKAR, J Date: 05-11-2012 Prv HON'BLE SRI JUSTICE V.ESWARAIAH and HON'BLE SRI JUSTICE N.RAVI SHANKAR W.P.No.31943 of 2011 Date 05-11-2012