FEDERATION OF EDUCATIONAL Vs. DIRECTORATE OF EDUCATION

JUDGEMENT

(1.) On 29th November, 2018, the Directorate of Education, Government of National Capital Territory of Delhi (hereinafter referred to as "the DoE"), issued a Circular, which forms the subject matter of controversy in the present writ petition. The Circular primarily addressed the concern of school children, in primary and secondary schools, having to carry school bags which were excessively heavy, thereby causing detriment to their health and well- being. The Circular, therefore, stipulated maximum weights, of school bags to be carried by children in various classes from Class I to Class X, as well as the number of textbooks and notebooks which the students would be required to carry. Various other remedial measures, to assuage these concerns, were also prescribed in the said Circular.

(2.) The grievance of the petitioner is essentially directed against the following stipulations, figuring in the aforementioned Circular:

(3.) It is relevant to note, at this juncture, that the writ petition assails the impugned Circular, not only with respect to the stipulation, therein, to the effect that all schools were required to follow the textbooks prescribed by the SCERT (the State Council of Educational Research & Training), the NCERT (the National Council for Educational Research & Training) and the CBSE (Central Board of Secondary Education), but also with respect to the proscriptions regarding the maximum weight of school bags which children would be allowed to carry. Notice was, however, issued, by me, in the writ petition, on 5th December, 2018, limited to the challenge, by the petitioner, to the stipulation, in the impugned Circular, mandatorily requiring schools to follow textbooks published by the NCERT, the SCERT, or the CBSE, holding that the petitioner, as an association of text book manufacturers, completely lacked locus to ventilate any grievance against the weight of school bags, as prescribed by the impugned Circular. The petitioner has, apparently, accepted my view, and Mr. Siddharth Luthra, learned Senior Counsel appearing for the petitioner, limited his submissions, in court, to the challenge, by the petitioner, to the proscription, as contained in the impugned Circular, to schools following textbooks other than those prescribed by the NCERT or the SCERT.