The Delhi High Court has strongly criticised the Municipal Corporation of Delhi (MCD) and the Archaeological Survey of India (ASI) for their prolonged inaction and failure to address the critical issue of classroom reconstruction in an MCD-run primary school at Khirki Village, South Delhi.
A bench comprising Chief Justice D.K. Upadhyaya and Justice Tushar Rao Gedela expressed astonishment over how authorities expect the school to function with just a boundary wall, toilet block, and drinking water facility—without any classrooms.
“It is beyond comprehension as to how a school can run without classrooms,” the court observed in its July 2 order, adding that the granted permissions only covered minor repairs and renovations of peripheral facilities.
The school, originally constructed in 1949 adjacent to the protected tomb of Sufi saint Yusuf Qattal, was demolished in 2012 owing to structural decay. Since then, its 350 students have been relocated to another MCD facility. However, plans for reconstructing the school have remained in limbo due to heritage restrictions imposed by the ASI.
The Khirki Village Residents Welfare Association, which filed the petition, argued that the growing population in the area necessitates the revival of the school. However, the ASI has denied permission for new construction in the prohibited area around the tomb, stating that a No Objection Certificate (NOC) is required.
In 2023, the High Court had directed the ASI to consider MCD’s application for reconstruction expeditiously—ideally within six weeks. But with no tangible progress after a year, the association approached the court again in 2025.
“We gather an impression that the authorities, both of the ASI and MCD, do not appear to be serious,” the bench remarked, warning of possible contempt proceedings for non-compliance with the court’s previous orders.
While ASI has now allowed limited repair work—such as renovation of porta cabins and sanitation facilities—it still has not cleared the construction of classrooms. The MCD, on its part, claimed that a proposal for classroom construction is being prepared.
The court has now directed the MCD to formally apply for ASI’s permission for classroom construction and asked the competent authority to decide on the application within two months. The matter has been listed for further hearing in October.
The court’s remarks underline a pressing concern about administrative apathy in matters affecting children’s right to education. The bench made it clear that running a school without classrooms is “unacceptable,” and the authorities must act with urgency and accountability.
