Supreme Court of India
ENVIRONMENT & CONSUMER PROTECTION FOUNDATIONversusDELHI ADMINISTRATION & ORS.
- Citation
- 2012 INSC 442
- Decided
- 3 October 2012
- Disposal
- Disposed off
- Bench
- K S RADHAKRISHNAN
Holding
All states must give effect to the Court’s earlier directions and the provisions of the RTE Act by providing requisite infrastructure in every school within six months, and Section 31 confers monitoring duties on the child‑rights commissions.
Summary
The Environment & Consumer Protection Foundation filed a writ petition under Article 32 seeking directions to improve basic infrastructure in government, aided and locally‑run schools so that the right to free and compulsory education under Article 21A could be realised. While the petition was pending, Parliament enacted the Right of Children to Free and Compulsory Education Act, 2009, whose constitutional validity was upheld in Society for Unaided Private Schools of Rajasthan. The Supreme Court observed that several states had failed to comply with its earlier orders and the provisions of the RTE Act regarding toilets, drinking water, classrooms and staff. It directed all states and Union Territories to implement those infrastructure measures in every school—whether government, aided, unaided, minority or non‑minority—within six months. The Court also highlighted Section 31 of the RTE Act, assigning monitoring and remedial functions to the National and State Commissions for Protection of Child Rights. Consequently, the writ petition was disposed with the above directions, leaving open the possibility of further proceedings for non‑compliance.
Issues considered
- Whether states and Union Territories are bound to provide basic infrastructure (toilets, drinking water, classrooms, teaching and non‑teaching staff) in all schools under Article 21A and the RTE Act.
- Whether the directions issued in Society for Unaided Private Schools of Rajasthan and under the RTE Act are applicable to all categories of schools, including private and minority institutions.
- What is the scope of Section 31 of the RTE Act concerning the monitoring role of the National and State Commissions for Protection of Child Rights.
Legislation cited
- Commissions for Protection of Child Rights Act, 2005s. 14, s. 24
- Right of Children to Free and Compulsory Education Act, 2009s. 31, s. 34, s. 38
Subjects
Right to EducationArticle 21AArticle 32RTE ActSchool infrastructureToilets in schoolsDrinking water in schoolsState obligationsChild rights commissionsEducation policy
Judgment
[2012) 8 S.C.R. 1060
A ENVIRONMENT & CONSUMER PROTECTION
FOUNDATION
v.
DELHI ADMINISTRATION & ORS.
(Writ Petition (Civil) No. 631 of 2004)
B OCTOBER 3, 2012
[K.S. RADHAKRISHNAN AND DIPAK MISRA, JJ.]
EDUCATION:
C Schools - Infrastructure facilities - Held: States directed
to give effect to various directions already issued by the
Court for providing toilet facilities for boys and girls, drinking
water facilities, sufficient classrooms, appointment of teaching
and non-teaching staff etc. - The directions are applicable to
D all schools: i.e. Government, aided, unaided, minority and non
minority schools - Further, the statutory authorities uls. 31 of
RTE Act will examine and review the safeguards for the child's
right and recommend measures for their effective
implementation - Right of Children to Free and Compulsory
E Education Act, 2009 - s.31 - Constitution of India, 1950 -
Arts.21A and 32.
The petitioner, a registered Charitable Society, filed
the instant writ petition seeking various directions to
improve the conditions of Government and aided
F schools and schools run by local bodies. The Court by
several interim orders directed the States and the Union
Territories to provide in the schools basic infrastructure
facilities like toilet facility, drinking water, classrooms,
appointment of teachers etc. During the pendency of the
G writ petition the Right of Children, to Free and
Compulsory Education Act, 2009 was enacted by
Parliament. In the case of Society for Unaided Private
Schools, Rajasthan 1, the Supreme Court while upholding
1. (2012) 2 SCR 715.
H 1060
ENVIRONMENT & CONSUMER PROTECT. FOUND. v. 1061
DELHI ADMINISTRATION
the constitutional validity of the RTE Act gave various A
directions to take steps for full implementation of the Act.
In compliance with the said directions, some of the States
responded by furnishing the details of infrastructure
facilities available in the schools in the respective States.
The Court gave further directions to provide proper toilet B
facilities for boys and girls and drinking water in all the
schools. In the subsequent proceedings the Court
noticed that some of the States did not fully implement
the directions issued in the case of Society for Unaided
Private Schools, Rajasthan as well as the provisions of c
the RTE Act.
Disposing of the writ petition, the Court
HELD: 1.1. Section 31 of the Right of Children to Free
and Compulsory Education Act, 2009 has also conferred D
certain functions on the National Commission for
Protection of Child Rights and also on the State
Commissions These statutory authorities will also
examine and review the safeguards for the child's rights
and recommend measures for their effective E
implementation. [Para 8] [1070-A-D]
1.2. All the States are directed to give effect to the
various directions already given by this Court* like
providing toilet facilities for boys and girls, drinking water
facilities, sufficient class rooms, appointment of teaching
F
and non-teaching staff etc., if not already provided, within
six months. It is made clear that these directions are
applicable to all the schools, whether State owned or
privately owned, aided or unaided, minority or non-
minority. [para 9] [1071-B-C] G
*Society for Unaided Private Schools of Rajasthan vs.
=
Union of India and Anr. (2012) 2 SCR 715 (2012) 6 SCC
1 - referred to
H
1062 SUPREME COURT REPORTS [2012] 8 S.C.R.
A Case Law Reference:
(2012) 2 SCR 715 referred to para 2
CIVIL ORIGINAL JURISDICTION : Writ Petition (Civil) No.
631 of 2004.
B
Under Article 32 of the Constitution of India.
Ravindra Bana, Rono Mohanty for the Appellant.
A. Mariarputham, AG, Ashok Bhan, T.S. Doabia, Manjit
C Singh, Dr. Manish Singhvi, Anil Grover, AAGs, Sunita Sharma,
Sudarshan Singh Rawat, Sushma Suri, W.A. Qadri, A. Deb
Kumar, Purnima Bhatt, Zaid Ali, B.V. Balramdas, D.S. Mahra,
Khwairakpam Nobin Singh, Sapam Biswajit Meitei, Anil
Shrivastav, Ritu Raj Biswas, K.N. Madhusoodhanan, M.T.
D George, Vivekta Singh, Tarjit Singh, Kamal Mohan Gupta,
Hemantika Wahi, Nandini Gupta, Genefer B., G.N. Reddy, M.
Rambabu, S. Nagarajan, Atul Jha, Sandeep Jha, Dharmendra
Kumar Sinha, Sanjay Kharde, Asha Gopalan Nair, V.G.
Pragasam, S.J. Aristotle, Prabu Ramasubramanian, lrshad
E Ahmad, C.D. Singh, Abhimanyu Singh, Ranjan Mukherjee, S.
Bhowmick, S.C. Ghosh, Sunil Fernandes, Vernika Tamar, Astha
Sharma, R. Sharma (for Corporate Law Group), Abhishek
Atrey, Amitesh Kumar, Prerna Mehta, Ravi Kant, Aruna Mathur,
Yusuf Khan, Movita (for Arputham Aruna & Co.) Noopur Singhal,
F Sunil Satyarthi, Sanjiv Sen, P. Parmeswaran, Bina Madhavan,
Praseena E. Joseph, A.V. Rangam, A. Subhashini, Raja
Chatterjee, Abhijit Sengupta, B. Balaji, P. Krishnamoorthy, K.
Enatoli Serna, Amit Kr. Singh, Manpreet Singh Doabia, G.
Prakash, Gopal Singh, Naresh K. Sharma, Pratibha Jain, Surya
G Kant, Shrish Kumar Misra, Tara Chandra Sharma, S. Rajappa,
Krishanand Pandeya, Ramesh Babu M.R., Radha Shyam Jena,
Jagjit Singh Chhabra, Vibha Datta Makhija, Kuldip Singh, S.
Thananjayam (for Bhaita & Co.) for the Respondents.
The Judgment of the Court was delivered by
H
ENVIRONMENT & CONSUMER PROTECT. FOUND. v. 1063
DELHI ADMINISTRATION
K.S. RADHAKRISHNAN, J. 1. This CoL1rt's jurisdiction A
under Article 32 of the Constitution of India has been invoked
by the petitioner, a registered charitable society, seeking
various directions to improve the conditions of Government and
aided schools and also school run by the local authorities so
that the constitutional objective of providing free and compulsory B
education under Article 21A of the Constitution of India would
be a reality.
2. The Writ Petition was filed in the year 2004 and since
then, several interim orders have been passed giving directions C
to the States and the Union Territories to provide the basic
infrastructure facilities like toilet facility, drinking water, class
rooms, appointment of teachers and all other facilities so that
children can study in a clean and healthy environment. While
the matter was pending before this Court, the Parliament
enacted the Right of Children to Free and Compulsory D
Education Act, 2009 (in short 'the RTE Act'). The constitutional
validity of the RTE Act was challenged before this Court and
this Court, vid"e its Judgment dated 12.4.2012 in Society for
'
Unaided Private Schools of Rajasthan v. Union of India and
Another (2012)6 SCC 1, upheld its validity and gave various E
directions, some of which are as follows:
(a) In exercise of the powers conferred upon the
appropriate Government under Section 38 of the
RTE Act, the Government shall frame rules for F
carrying out the purposes of this Act and in
particular, the matters stated under sub-Section (2)
of Section 38 of the RTE Act.
(b) The directions, guidelines and rules shall be framed
by the Central Government, appropriate G
Government and/or such other competent authority
under the provisions of the RTE Act, as
expeditiously as possible and, in any case, not later
than six months from the date of pronouncement of
this judgment. H
1064 SUPREME COURT REPORTS [2012] 8 S.C.R.
A (c) All ·the State Governments which have not
constituted the State Advisory Council in terms of
Section 34 of the RTE Act shall so constitute the
Council within three months from today. The
Council so constituted shall undertake its requisite
B functions in accordance with the provisions of
Section 34 of the Act and advise the Government
in terms of clauses (6), (7) and (8) of this order
immediately thereafter.
(d) Central Government and State Governments may
c set up a proper Regulatory Authority for supervision
and effective functioning of the Act and its
implementation.
3. This Court, therefore, directed the Central Government,
D appropriate Government and other competent authorities
functioning under the RTE Act to issue proper directions/
guidelines for its full implementation within a period of six
months from the date of the pronouncement of that judgment.
This Court also directed all the State Governments to constitute
E State Advisory Council within three months from the date of that
judgment. Advisory Councils so constituted were directed to
discharge their functions in accordance with the provision of
Section 34 of the RTE Act and advise the Government in terms
of Clauses (6), (7) and (8) of this Court's order. The necessity
F of constituting a proper Regulatory Authority for effective
functioning of the RTE Act and its implementation was also
highlighted. The Central Government was also directed to frame
rules, in exercise of its powers under Section 38 of the RTE
Act, for proper implementation of the RTE Act.
G 4. On the basis of directions issued by this Court in this
Writ Petition, some of the States have responded by furnishing
the details of infrastructure facilities available in the schools
situated in their respective States. This Court noticed that some
of the schools have not provided proper toilet facilities for boys
H and girls and in some of the schools, it was noticed, that there
ENVIRONMENT & CONSUMER PROTECT. FOUND. v. 1065
DELHI ADMINISTRATION [K.S.RADHAKRISHNAN, J.]
is no provision for drinking water as well. Detailed interim A
orders were passed by this Court on 29.4.2011 and 22.9.2011.
On 18.10.2011, this Court passed the following order:
"We have heard the learned counsel for the parties.
It is imperative that all the schools must provide toilet
8
facilities. Empirical researches have indicated that
wherever toilet facilities are not provided in the schools,
parents do not send their children (particularly girls) to
schools. It clearly violates the right to free and compulsory
education of children guaranteed under Article 21-A of the C
Constitution.
We direct all the States and the Union Territories to
ensure that toilet facilities are made available in all the
schools on or before 30th November, 2011. In case it is
not possible to have permanent construction of toilets, at D
least temporary toilets be provided in the schools on or
before 30th November, 2011 and permanent toilets be
made available by 31st December, 2011.
We direct the Chief Secretaries/Administrators of all
E
the States/Union Territories to file their affidavits on or
before 30th November, 2011."
5. Again, on 5.12.2011, this Court reiterated the directions
as follows:
F
"In our previous order dated 18.10.2011, we clearly
indicated that it is imperative that all the schools must
provide toilet facilities; empirical researches have
indicated that wherever toilet facilities are not provided in
the schools, parents do not send their children (particularly G
girls) to schools. It clearly violates the right to free and
compulsory education of children guaranteed under Article
21-A of the Constitution. Office Report dated 3rd day of
December, 2011 indicates that despite opportunity
granted, the States of Tamil Nadu, Gujarat, Chhattisgarh, H
1066 SUPREME COURT REPORTS (2012] 8 S.C.R.
A Meghalaya, West Bengal, Arunachal Pradesh, Punjab,
Goa, Tripura and Union Territory of Lakshdweep have not
filed their affidavits. One more opportunity is granted to
these States/Union Territory to file their affidavits. Let the
affidavits be filed within two weeks from today. No further
B time shall be granted for this purpose.
We are told that the Ministry of Drinking Water and
Sanitation is the concerned ministry. We request the
learned additional Solicitor General appearing on behalf
of the Union of India to take instructions from the Ministry
c of Drinking Water and Sanitation and file an affidavit within
four weeks from today, indicating therein the latest position
about the problem of drinking water in the country."
6. The situation that we get in few States has been
D elaborately dealt with by this Court in its interim order dated
13.1.2012. Some of the States have taken some positive steps,
but some the States still lag behind. Taking note of all those
aspects, this Court passed an order on 12.3.2012, the operative
portion of which reads as follows:
E
"The Chief Secretaries of various States were
directed to ensure that separate permanent toilets for boys
and girls are constructed in all the schools in their
respective States on or before 31st March, 2012 and in
case it was not possible to construct permanent toilets,
F
then at least emporary toilet facilities were directed lobe
made available on or before 28th February, 2012 and it
was directed than an affidavit to that effect shall be filed
by the Chief Secretaries on or before 28th February,
2012.
G
In pursuance of the aforesaid directions of this Court,
affidavits have been filed by the States of Uttar Pradesh,
Assam, Meghalaya, Mizoram, Chhattisgarh, Punjab,
Nagaland, West Bengal, Andhra Pradesh, Maharashtra,
H Uttarakhand, Odhisha, Karnataka, Jharkhand, Himachal
ENVIRONMENT & CONSUMER PROTECT. FOUND. v. 1067
DELHI ADMINISTRATION [K.S.RADHAKRISHNAN, J.]
Pradesh, Goa, Municiapl Corporation of Delhi and the A
Union Territory of Lakshadweep. These States/union
Territories in their respective affidavits have indicated that
they have either constructed the toilets for boys and girls
or they would complete it before the stipulated date that
is before 31st March, 2012. B
·According to the Office Report dated 3rd day of
March, 2012, following States have not filed their affidavits:
1. Tripura
c
2. Tamil Nadu
3. Sikkim
4. Gujarat
D
5. Bihar
6. Rajasthan
7. Jammu and Kashmir
E
8. Madhya Pradesh
9. Kera la
In the interest of justice, we grant one more
opportunity to these States to file their respective affidavits F
within two weeks from today, failing which the Chief
Secretary of the State concerned shall remain present in
this Court on the next date of hearing. No further time shall
be granted.
G
Learned counsel appearing on behalf of the Ministry
of Drinking Water and Sanitation has handed over an
affidavit of Sujoy Mojumdar, Director (Water), Ministry of
Drinking Water and Sanitation, Government of India. In the
affidavit it is mentioned that under the ''Total Sanitation H
Campaign" (TSC), the Central Government supplements
1068 SUPREME COURT REPORTS [2012] 8 S.C.R.
A the efforts of the States in providing sanitation facilities in
the rural areas, including identified existing rural
Government schools and Anganwadis by providing them
with financial assistance and technical support. It is further
submitted in the affidavit that under the TSC, at present,
B School Sanitation Hygiene Education Programme is
operational in 607 districts spread across 30 States and
Union Territories and a total of 11,99, 117 school toilets
have been financially assisted under the TSC. The
cumulative progress of school toilets unit blocks financially
assisted under the TSC in the entire country till 29.2.2012
c
are as follows:
Project Objectives 13,14,636
Project Performance 11,99,117
D
Percentage-wise progress 91.21%
In paragraph 9 of the said affidavit it is stated that
provision of sanitation facility in Government schools is
made by States within their TSC allocation. Out of the total
E of Rs.3068.51 crore approved for School Sanitation under
TSC, s.2268.28 crore (cumulative) has been reported as
expenditure and utilized by the States. The State-wise
details of financial progress and utilization under TSC till
29.2.2012 are tabulated and enclosed along with the
F affidavit.
In paragraph 10 of the affidavit it is mentioned that
as per information provided by the Department of School
Education and Literacy, Ministry of Human Resource
Development, the number of Government schools with
G
sanitation facility available, as per their District Information
System for Education (OISE) 2010-11 is as under:
Total Number of Govt. Schools 10,96,064
H
ENVIRONMENT & CONSUMER PROTECT. FOUND. v. 1069
DELHI ADMINISTRATION [K.S.RADHAKRISHNAN, J.]
Government Schools with Girls Toilet - 6,24,074 A
Government Schools with Boys/Common - 8,24,605
Toilet
Let copies of this affidavit be supplied by the Registry
to the learned counsel appearing for the States/Union B
Territories within one week from today.
Mr. Ravindra Bana, learned counsel appearing on
behalf of the petitioner submits that after this Court has
dealt with the problem of electricity, potable drinking water c
and toilets for boys and girls in the Government schools,
the other main problem which is still persistent in most of
the schools is regarding teachers and infrastructure. In
order to ensure compliance of Article 21A of the
Constitution, it is imperative that schools must have o
qualified teachers and basic infrastructure.
Learned counsel appearing on behalf of the National
University for Educational Planning and Education
undertakes to file a comprehensive affidavit giving therein
up-to-date position about the availability of teachers and E
infrastructure in schools.
Let a comprehensive affidavit be filed by all the
States/Union Territories regarding teachers and
infrastructure in schools within three weeks from today, with F
an advance copy to the learned counsel for the petitioner
and the counsel for the States/Union Territories."
7. We notice that some of the States have not fully
implemented the directions issued by this Court in Society for G
Unaided Private Schools of Rajasthan (supra) as well as the
provisions contained in the RTE Act. Considering the facts that
this Court has already issued various directions for proper
implementation of the RTE Act and to frame rules, there is no
reason to keep this Writ Petition pending.
H
1070 SUPREME COURT REPORTS [2012] 8 S.C.R.
A 8. We also notice that Section 31 of the RTE Act has also
conferred certain functions on the National Commission for
Protection of Child Rights and also on the State Commissions.
Section 31 reads as follows:
"31. Monitoring of child's right to education. - (1) The
B
National Commission for Protection of Child Rights
constituted under section 3, or, as the case may be, the
State Commission for Protection of Child Rights
constituted under section 17, of the Commissions for
Protection of Child Rights Act, 2005, shall, in addition to
c the functions assigned to them under that Act, also perform
the following functions, namely:-
(a) examine and review the safeguards for rights
provided by or under this Act and recommend
D measures for their effective implementation;
(b) inquire into complaints relating to child's right to
free and compulsory education; and
(c) take necessary steps as provided under sections
E 15 and 24 of the said Commissions for Protection
of Child Rights Act.
(2) The said Commissions shall, while inquiring into any
matters relating to child's right to free and compulsory
F education under clause (c) of sub-section (1 ), have the
same powers as assigned to them respectively under
sections 14 and 24 of the said Commissions for Protection
of Child Rights Act.
(3) Where the State Commission for Protection of Child
G Rights has not been constituted in a State, the appropriate
Government may, for the purpose of performing the
functions specified in Clauses (a) to (c) of sub-section (1),
constitute such authority, in such manner and subject to
such terms and conditions, as may be prescribed."
H
ENVIRONMENT & CONSUMER PROTECT. FOUND. v. 1071
DELHI ADMINISTRATION [K.S.RADHAKRISHNAN, J.]
We are confident that those statutory authorities will also A
examine and review the safeguards for the child's rights and
recommend measures for their effective implementation.
9. We are, inclined to dispose of this Writ Petition with a
direction to all the States to give effect to the various directions
8
already given by this Court like providing toilet facilities for boys
and girls, drinking water facilities, sufficient class rooms,
appointment of teaching and non-teaching staff etc., if not
already provided, within six months from today. We make it
clear that these directions are applicable to all the schools, C
whether State owned or privately owned, aided or unaided,
minority or non-minority. As the writ petition is disposed of, no
orders are required to be passed on applications for
intervention and impleadment and the same are disposed of.
10. We make it clear that if the directions are not fully D
implemented, it is open to the aggrieved parties to move this
Court for appropriate orders.
R.P. Writ Petition disposed of.
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