"This is a very, very good petition," a bench headed by Chief Justice Dipak Misra said while perusing the plea filed by 'Akhil Delhi Prathmik Shikshal Sangh', a registered society of priamry teachers, seeking relief, including implementation of the right to education of children aged between six to 14 years.
However, the bench, which also comprised justices A M Khanwilkar and D Y Chandrachud, said that it has reservations whether issuing notices to all 36 states and Union territories (UTs) on the PIL would be the proper course of action and sought assistance of Attorney General K K Venugopal in the matter.
The court, which did not issue notice to the Centre, states and UTs for the time being, asked the Centre to consider the representation and assist it after deliberating on the issues raised in the plea after six weeks.
Senior advocate Colin Gonsalves, appearing for the teachers' body, said the children are suffering as government schools are shutting down and around 9.5 lakh posts of teachers are vacant in these schools.
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The teachers' body, in its plea filed through lawyers Satya Mitra and Aditi Saxena, referred to reports "showing systematic and widespread violations of children's right to education across the country, including violations of numerous specific requirements of the Right of Children to Free and Compulsory Education Act, 2009".
It has sought a direction to all the states and UTs to identify the children, as mandated under the RTE Act, within six months to ascertain as to how many of them should be brought in the formal schooling system.
The plea has also sought a direction to identify "all schools whether government, private, aided or unaided" which did not have proper infrastructure such as "all-weather building with at least one classroom for every teacher, barrier-free access, separate toilets for boys and girls, teaching staff and teaching learning material (TLM).
The states and the UTs should recruit, train and employ 9.5 lakh additional teachers fill the vacancies within two years, the plea has said.
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