Supreme Court Issues Notice In Plea Alleging Poor Conditions, Non-Implementation Of RTE Act In Bihar Govt Schools

In a plea alleging dismal state of government schools in Bihar and seeking implementation of the provisions of Right of Children to Free and Compulsory Education Act, 2009 in the state's government schools, the Supreme Court on Monday issued notice and called for the authorities' response.

The Bench of CJI DY Chandrachud and Justices JB Pardiwala, Manoj Misra was hearing a challenge brought by petitioner/Social Jurist-A Civil Rights Group to an order of the Patna High Court, which dismissed a public interest litigation (PIL) filed by it raising similar issue/prayers.

Reportedly, the petitioner's team had carried out an assessment across Bihar's government schools and found severe deficiencies in crucial amenities, including proper classrooms, sanitation facilities, and sufficient number of teachers therein. During the exercise, the schools in East Champaran and West Champaran districts were allegedly found to be in a hazardous condition, posing threats to the lives and well-being of students and teaching staff.

The team further stated that the distribution of mid-day meals among students was not being conducted in a hygienic and dignified manner. Another alarming observation was that over 50% of enrolled students were consistently absent from these schools.

Pointing to these findings, the petitioner contended before the High Court that the 2009 Act was not being effectively implemented in Bihar. Alongwith the PIL, it filed a comprehensive report detailing the status of the 27 government schools compiled by its team.

The High Court dismissed the PIL as misconceived, noting that the petitioner had come forward with its own report, on the basis of which it was seeking directions, but the same could not be entertained. On the basis of counter-affidavit filed by the Bihar government, it was concluded that all steps were being taken to update primary level education in Bihar and that the schools were being regularly monitored by calling for reports from District Education Officers.

Aggrieved by this order, the petitioner approached the Supreme Court.

Counsels for petitioners: Advocates Anuj Agarwal, Kumar Utkarsh, Manav Verma, Monu Kumar and Shubhendu Anand; AoR Ayush Anand

CASE TITLE: SOCIAL JURIST, A CIVIL RIGHTS GROUP & ANR. VERSUS THE STATE OF BIHAR & ORS., Special Leave to Appeal (C) No.4726/2024

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