The Karnataka High Court has observed that the state government’s failure to secure basic infrastructure in schools is pushing poor people to send their kids to private schools which they cannot afford. "Is education reserved for the privileged," the HC bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit questioned while hearing a public interest litigation (PIL) initiated by the court in 2013 based on media reports regarding children who were left out of the schooling system.

The court said that the deficiencies relating to the lack of restrooms and the lack of availability of drinking water was brought to its attention in 2013 but since then, no action has been taken by the government. Till date, 464 government schools lack restrooms and 32 do not have drinking water facilities, the court pointed out. The court further ordered the government to file an affidavit on providing basic facilities in all schools within 8 weeks.

"Education is a fundamental right. But governments have failed to provide the facilities in government schools which are turning the poor towards private schools," the court said. This was indirectly helping private schools, it said.

"Because of the lack of basic facilities, the government schools are closed. On the other hand, as there is no other option, parents even when they are financially not well or sound are left with no choice but to admit their wards to the alternate private schools. The learned counsel is also justified in submitting that such a situation frustrates the object of making primary education a fundamental right as ensured in the Constitution of India," the court recorded in its order.

The High Court said that Babasaheb Ambedkar is shown with a book in every image of his to show the importance of education. The court also observed that many developed countries spend more on education than on defence. Allowing time for the comprehensive report by the government, the court recorded that, "The government advocate submits that as the copy of the report prepared by the learned amicus is handed over to her, she will personally look into it and call up the concerned government officials."

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