- (1.) Heard counsel for the parties.
(2.) This Court on the basis of the newspaper report published in the daily newspaper 'Prabhat Khabar' dated 28.08.2015, took up the matter relating to regulation of play schools in the State of Jharkhand in larger public interest as it related to the future of thousands of children being admitted in play schools in the city of Ranchi, many of which were reportedly running in basement with little hygiene, infrastructure or desired teaching faculty. During the proceedings of this case, Government of Jharkhand framed the Jharkhand State Play Schools (Recognition and Control) Rules, 2017 in exercise of powers conferred under section 36(1) of Commission for Protection of Child Rights Act, 2005, as per the Notification dated 12.07.2017 issued by the Department of Women, Child Development & Social Security, Government of Jharkhand.
(3.) State informed this Court that it intends to implement the provisions of the Act in right earnest. Various provisions of the Rules were taken note of by this Court earlier and it was observed that statutory authorities such as 'Competent Authority' are to be constituted in terms of the Rules. As per Rule 2(d), mechanism for monitoring and redressal of grievances, constitution of the Appellate Authority, registration of such play schools as per the form and procedure prescribed, creation of Parent Teachers Association, etc. have to be put in place. By the affidavit dated 09.11.2017 and 18.12.2017, the Responded State has brought on record the decision to notify the District level Nodal Officer who would be the Competent Authority responsible for implementation of ICDS under the Department of Women, Child Development & Social Security, Government of Jharkhand. The District Social Welfare Officer of each district are working in that capacity. They are empowered to implement the provisions of the Rules in its true spirit and terms at the district level. They are working under the overall control of Deputy Commissioner of each district. Vide Memo No. 4088 dated 20.10.2017, Deputy Commissioner of all the districts have been directed to take appropriate steps for implementation of the provisions of rules in their respective districts (Annexure-B). As per the rules, every existing play schools require to take recognition and for that, six months time has been given under Rule 3(a) from the date of Gazette Notification 12.07.2017. They are expecting that before the start of next session, provisions of the Rules will be fully implemented within the Jharkhand State and the procedure for recognition of existing play schools will be completed by the Competent Authority of the District. It has been further stated through supplementary counter affidavit filed on 18.12.2017 that the Deputy Commissioner of each district has been notified as the Appellate Authority under the Rules vide Notification bearing Memo No. 4276 dated 14.11.2017.;