ENVIRONMENTAL AND CONSUMER PROTECTION FOUNDATION Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) Mr. Ravindra Bana, learned Counsel appearing for the Petitioner has drawn our attention to a publication of the Ministry of Human Resource Development, namely, "Elementary Education in India - Progress towards Universalisation of Elementary Education", which gives the details of all the primary schools and the facilities available therein, in all the States and the Union Territories. He has also filed a rejoinder affidavit based on this report and the statistics indicate that basic necessities such as drinking water, toilets, electricity, boundary wall, ramps, kitchen etc. have not been made available to majority of the primary schools in the country. According to Mr. Bana, now Free and Compulsory Education Act, 2009 has come into force. It is the bounden duty and obligation of the Union of India and the States to ensure that basic facilities such as drinking water, toilets, electricity etc. be made available in all the schools.

(2.) Learned Additional Solicitor General submits that it is necessary to issue notices to all the States because Sarva Siksha Abhiyan has to be implemented by the States/UTs. We request the learned Additional Solicitor General to make 40 copies of the above-mentioned booklet available to the Registry of this Court and the Registry in turn is directed to issue notice to all the States/UTs through their standing counsel. Wherever the Registry finds it difficult to serve the standing counsel of any State, it may serve the notice through the Resident Commissioner in Delhi.

(3.) We would like the learned standing counsel for the States/UTs to provide necessary information to this Court as expeditiously as possible. We would also like all the State Governments and the Union Territories to ensure that basic facilities such as drinking water, toilets, electricity etc. are made available in all the primary schools without further loss of time.