ORDER
S.J. Mukhopadhaya, J.
1. In this case, the main question as raised by the petitioner is whether the District Administration of the State Government in public interest can direct any school. Government or private to close the school or change the school timing or not.
2. In the beginning of January 2003, the temperature in and around Chakradharpur having fallen below the normal level due to cold wave and as a number of students and parents were facing inconvenience to go/or to bring the children in the school in the early morning, the Deputy Commissioner, West Singhbhum, Chaibasa issued an order on 10th January, 2003. The gist of the order, in English version, reads as follows :
'Taking into consideration the effect of present cold wave, the timing of all Government/non-Government schools for Class-I to V is fixed from 9.00 a.m. to 2.30 p.m. and for Class- VI to higher class from 8.30 a.m. to 2.30 p.m. until further orders.'
3. The District Education Officer and District Superintendent of Education were directed to ensure compliance of the order so that no child falls victim of cold wave.
4. The aforesaid order was communicated to all Government and non-Government schools and news item was also published in the newspaper.
5. From the news item, it appears that the minimum temperature on 8, 9 and 10th January, 2003 was between 3.1c. and 3.3 whereas maximum temperature was about 10.1c to 10.9c.
6. So far as the petitioner's school is concerned, the power to change school timing is with the Assistant Commissioner, Kendriya Vidyalaya Sangathan, Regional Office. As cold wave continued in the whole eastern region, including Bihar and Jharkhand, it appears that many of the District Magistrates ordered to change the school timing. Representations were also filed by parents for change of timing of Vidyalaya but it was rejected by the Assis-tant Commissioner, K.V.S., Regional Office, Patna by letter No. F.24-l/School Timings/ 2001-KV(PR) dated 8th January, 2002. The Principals of all Kendriya Vidyalaya, Patna region were directed not to change the school timing without prior approval from Regional Office/K.V.S., Headquarters. Earlier, the Education officer, Kendriya Vidyalaya, Regional Office, Patna vide letter No. F(Acad)/2002-KVS(PR) dated 5th December, 2002 made clear that the school timing from 1st December, 2002 to 31st March, 2003 shall remain unchanged i.e. from 7.30 a.m. to 1.40 p.m.
7. It appears that inspite of order of the Deputy Commissioner, West Singhbhum, Chaibasa, the school continued to run from 7.30 a.m. In this background, the District Administration locked the school.
8. The petitioner-Principal, Kendriya Vidyalaya, Chakradharpur, who is present in the Court, accepted that even during cold wave, the school starts from 7.30 a.m. He also informed that the school children from Std. I to V, their school uniform even during winter is half pant, full shirt and sweater, that means legs of the kids between 6 to 12 years remain open and cannot be covered because of aforesaid dress code.
9. It is common knowledge of the citizen of India that many parts of India come under the sweep of cold wave during December- January. In many parts of India, heat wave is also witnessed during summer. Depending on the local situation, the schools declare vacations, such as summer vacation/winter vacation (Holidays). It all dependents from place to place.
10. 'Rights of child' is no more a slogan on paper. During convention of the United Nations, the countries including India have also taken certain decision on the 'rights of child'. The States are now liable to take appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, negligence of treatment etc., even if the child is in the care of parent(s), local guardian(s) or any other person such as school.
11. In the aforesaid background, if the life of the minor children fall in danger because of natural calamity like cold wave or heat wave, in such case, it is always open to the State/District Administration to direct the Schools, Government or private to close it during a particular period or to change the school timing for certain period. If any such direction is given by the State/District Administration, the Schools whether Government or Private all are bound to comply with such direction, failing which it is open to the State/District Administration to take appropriate legal action against the school authority.
12. The question as raised by the petitioner is, accordingly answered in affirmative against the petitioner and in favour of the respondents.
13. As the school is now functioning in normal course, the change of timing as was imposed having lifted, no further order is required to be passed in this case.
14. The writ petition is dismissed, with the aforesaid observations.
15. Let a copy of this order be handed over to learned SC I, who will forward it to the Secretary, Human Resources Development Department, Jharkhand for information and necessary action.