Centre for Civil Society v. Directorate of Education & Ors

SUBRAMONIUM PRASAD, J NOVEMBER 23, 2022

* IN THE HIGH COURT OF DELHI AT NEW DELHI + Date of Decision: 23.11.2022 % W.P.(C) 7949/2016 CENTRE FOR CIVIL SOCIETY ..... Petitioner Through: Ms. Priti Kumari and Ms. Neha Singh, Advocates. versus DIRECTORATE OF EDUCATION & ORS ..... Respondents Through: Mr. Gautam Narayan, ASC for GNCTD with Ms. Asmita Singh, Advocates. Ms. Sriparna Chaterjee and Mr. Sumit Mishra, Advocates for NDMC. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD SATISH CHANDRA SHARMA, CJ. (ORAL) 1. The Petitioner / Centre for Civil Society has filed the instant petition under Article 226 of the Constitution of India as a Public Interest Litigation (PIL) exhibiting concern with respect to school education in the country. The PIL prays for the following reliefs: "I. Implement Section 16 of the child-centric Right to Education, 2009 a. By conducting assessment for all primary classes as well by an external party other than the teacher herself to check i. whether all children have achieved expected learning outcomes; and ii. whether any targeted learning interventions or supplementary measures are required; b. By directing the school head/ principals and teachers to provide targeted learning intervention or supplementary program of learning enhancement or additional instructions to all those children who require such instruction for achieving expected learning outcomes within the academic year; II. Pass such further and other orders as the Hon'ble Court may deem fit in the circumstances of the present case may require;" 2. The contentions of the Petitioner centre around the implementation of the Right to Education Act, 2009 ("RTE Act"). It is submitted that the same is not being implemented in its true letter and spirit. Pertinently provisions in relation to the "no-detention" policy envisaged under the RTE Act. 3. During the course of these proceedings, an affidavit has been filed by Respondent No. 1 in reply to the contentions raised by the Petitioner. The relevant paragraphs of the same read as under – "4.6 In addition to the above, with a view to ensuring adequate assessment and intervention training/ supplemental training for students studying in Sarvodaya Vidyalaya (i.e., students from classes I to V), the following initiatives are implemented by the Answering Respondents: 4.6.1. Activity based learning in mathematics. The teachers are also being given training for the same. 4.6.2. Centralised assessment on CCE Pattern for classes III to V by way of two Summative Assessments, which are pen- paper tests. 4.6.3. Value based books/support material is provided to students from class IV and V to inculcate moral values and focus on character builing. 4.6.4. In-service training to all categories of teachers including primary teachers is planned and organised every year by SCERT. 4.6.5. Mentoring of teachers by mentor teachers to enhance the professional skills, develop innovative ideas and to use innovative methods of teaching. 4.6.6. Problem solving assessment (PSA) booklets are provided to students of classes IV and V. PSA examinations are conducted to make students familiar with OMR Sheets & Objective type examination pattern and prepare them for competitive examinations. 4.6.7. Art integrated learning is implemented, under which opportunities are created for students to perform, play role, dance, drama, theatre, drawing, creative writing, storytelling, which in turn makes the children to understand the various concepts in day today teaching learning in a better way. 4.6.8. Computer assisted learning (CAL) classes are held for better understading of the subject and making the content more interesting for the children. 4.6.9. Regular Parent Teacher Meetings are organized to make the students and parents aware about the progress of the students and academic plan under which level- wise learning support is to be given to all the students. 4.6.10.Report cards regarding scholastic as well as co scholastic performances of the students are