Manisha Tyagi v. Govt. Of NCT Of Delhi And ORS.

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10666/2018 MANISHA TYAGI ..... Petitioner Through:

Mr. Tariq Khan, Ms. Priyanka Goel and Ms. Manisha Tyagi, Advs.

versus GOVT. OF NCT OF DELHI AND ORS.

..... Respondents Through:

Mr. Santosh Kr. Tripathi, ASC with Mr. Rishabh Osiwal, Mr. Shashank Tiwari, Ms. Shivangi Singh and Ms. Shikha Sharma Bagera, Advs.

for GNCTD.

Mr. Dev. P. Bhardwaj, CGSC with Ms. Anubha Bhadwaj, Adv. for UOI.

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 26.10.2018 The prayers made in this writ petition are as under: "(i) Issue a Writ / Order / Direction, in the nature of Mandamus or any other appropriate writ, order or direction in the nature thereof, directing the Respondent to establish a mechanism to ensure separate toilets for girls in Schools and availability of sanitary products and hygiene facilities to adolescent girls. (ii) Pass such other and further Order (s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case in the interest of justice."

Learned counsel for the respondents raises an objection that particulars of the School where separate toilets are not provided is not indicated in the writ petition as well as in the prayer clause. On a specific query being raised in this regard, learned counsel for the petitioner refers to a report of some expert body which is just a general statement with regard to the percentage of the schools where such facilities are not provided. In the absence thereof, not specifying the schools within the jurisdiction of the respondents where separate toilets are not available, we are not inclined to exercise our extraordinary jurisdiction under Article 226 of the Constitution of India to conduct a roving enquiry and issue a mandamus. The writ petition is accordingly dismissed.

CHIEF JUSTICE V. KAMESWAR RAO, J OCTOBER 26, 2018/jg