2010 INSC 0203
Environmental & Consumer Protect. Found
v.
Delhi Administration
(Supreme Court Of India)
HON'BLE MR. JUSTICE DALVEER BHANDARI HON'BLE MR. JUSTICE A.K. PATNAIK
Environmental & Consumer Protect. Found v. Delhi Administration
Writ Petition (Civil) No. 631 Of 2004 | 17-02-2010

1. The Registry to explain as to why two weeks' time was taken in sending the dasti notice when the
direction was to send it through special messenger.

2. In the order dated 14th January, 2010 (Environmental & Consumer Protection Foundation V. Delhi
Administration) (2011 (7) SCC 55), we noted that 5302 posts of Trained Graduate Teachers, 216
posts of Principals and a large number of posts of Vice-Principals are lying vacant. These posts are
lying vacant since 2007.

3. Despite clear directions issued by this Court, the Union Public Service Commission, the Municipal
Corporation of Delhi and the Union of India have not filed their affidavits as directed.

4. After hearing learned counsel for the parties, we are fully convinced that there is lack of
coordination amongst the various Governmental authorities. The right of children to free and
compulsory education has now become a part of fundamental rights under Article 21A of the
Constitution of India. The total indifference of the Governmental authorities is leading to violation of
the fundamental rights of the children.

5. As last opportunity, we grant another two weeks' time to all the authorities concerned to file
comprehensive affidavits dealing with the large number of vacant posts and the infrastructural
facilities in the schools. We also direct the Director of Education, NCT of Delhi and Director of
Education, Municipal corporation of Delhi and senior official of the Union of India to remain present
in case affidavits as directed by this Court are not filed.

6. List this matter for further direction on 9th March, 2010.
Environmental & Consumer Protect. Found v. Delhi Administration

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