The Allahabad high court on Wednesday directed the Centre and Uttar Pradesh government to reply to a petition stating action taken by them to ensure minimum teaching standard in over 45,000 upper primary schools in the state as per provisions of right to education (RTE) act.
The bench comprising Chief Justice DB Bhosale and justice Yashwant Varma passed the order while hearing a public interest litigation (PIL) filed by Kumari KumKum, a Class 8 student of an upper primary school in Baghpat district’s Kasimpur Kheri, and her father Shiv Kumar.
According to the petitioners, KumKum has no subject-wise teacher in her school. Her father’s plea was that due to increasing crime against minor girls in his locality, he is afraid of sending her daughter to some other school far from home.
Durga Tiwari appearing for petitioners argued that under the RTE act subject wise teachers are mandatory for Class 6 to 8. As per the law, a school where more than 100 students are admitted there must be a part-time instructor for art, work and health and physical education.
However, in Uttar Pradesh, there are 45,791 upper primary schools but only 13,769 posts of each of the subject have been sanctioned by the state government. Hence, only 13,769, schools have a subject wise teacher.
The petition said that in last three academic sessions, the state government has discontinued services of 2,272 part-time instructors of art, 1,601 of health and physical education, and 4,019 work education teachers. It said that education in upper primary schools in the state must be provided as per the standards laid down in RTE act.
The court has fixed February 15 as the next date of hearing.
RTE act provides for free and compulsory elementary education for children between 6 and 14. Under the Constitution, free and compulsory education is the fundamental right of every child under the age group.
Every child has a right to full-time elementary education of satisfactory and equitable quality in a formal school which satisfies certain essential norms and standards.