Veerender Singh Siradhana, J. - (1.) THE petitioner -Sansthan, a registered society under the Rajasthan Societies Act, 1958 stating its deep concern to ensure social security of all segments of the societies, has approached this Court initiating writ proceedings by way of 'Public Interest Litigation' assailing the legality and validity of Section 30 of the Right To Education Act, 2009 with the following prayer: "It is therefore most respectfully prayed that by appropriate order or direction the right of education to the children of the state be enlarged to each child immediately. ii) By an appropriate order or direction the right of education be achieved by optimum utilization of Government resources. iii) By an appropriate order or direction the Section 30 of the Right to Education Act 2009 be declared to be ultra vires to the extent it prohibits the year wise and class wise evaluation of educational inputs received by individual students to be promoted to next higher class or to the extent the school administrations have adopted the policy of inadvertent promotion of children from class 1 to 8th in Government schools. iv) By an appropriate order or direction the state Administration be directed to evolve a mechanism to evaluate educational inputs of school students to a minimum standard so that individual school administration is not permitted to take reluctant approach and play with the life of the school children. v) By an appropriate order or direction the Union Of India and State Government be directed to create sufficient infrastructure to ensure that each child gets his right to education irrespective of the parent's disinclination to send the child to the school. vi) Any other order or direction may also be passed to promote the object of quality education to school children as deemed fit and proper in the facts and circumstances of the case."
(2.) BRIEFLY , the essential material facts necessary for adjudication of the controversy raised are: that by an erroneous interpretation of the provisions of Section 30 of the Act, 2009, the school administrations are promoting the students to next higher class, without ensuring proper assessment of the child deserving to be promoted to the next higher class which, according to the petitioner, has resulted in gross non -performance by the school teachers, at the cost of irreparable loss to the future generations of the country and to the education system as such. The petitioner has also questions the state policy of the education in changing the time of commencement of classes from 7.30AM to 10.30AM; particularly, with reference to Secondary School, Bad Deori, Mansarovar, Jaipur. We have heard the learned counsel for the petitioner and also perused the material available on record.
(3.) IT is submitted by the learned counsel that to impart compulsory and standard education is the primary duty of the Government and a universally identified necessity. The members of the petitioner/Sansthan, with an intention to prepare students of weaker Sections of 9th and 10th standard in Government schools, imparted quality education so as to enable them to complete with their counter parts of economically sound segment of the society.;