ORDER :

1. On 13th January, 2012 this Court inter-alia passed the following order:

"Right to free and compulsory education of children of the age group of six to fourteen years is part of fundamental rights guaranteed under Article 21-A of the Constitution. This right cannot be enjoyed by children unless basic infrastructure is provided by the State. While keeping this in view, we in our order dated 18.10.2011 directed all the States and Union Territories to ensure that basic toilet facilities are made available in all the schools on or before 30th November, 2011. The experience and empirical survey have revealed that the parents are reluctant to send their children, particularly girls, to schools where basic toilet facilities are not available. The direct consequence is breach of children's fundamental rights guaranteed under Article 21- A of the Constitution. We also made it clear in our order that if it is not possible to provide permanent toilets, then at least temporary toilets be provided in the schools on or before 30th November, 2011 and permanent toilets be made available by 31st December, 2011."

2. The Chief Secretaries of various States were directed to ensure that separate permanent toilets for boys and girls are constructed in all the schools in their respective States on or before 31st March, 2012 and in case it was not possible to construct permanent toilets, then at least temporary toilet facilities were directed to be made available on or before 28th February, 2012 and it was directed that an affidavit to that effect shall be filed by the Chief Secretaries on or before 28th February, 2012.

3. In pursuance of the aforesaid directions of this Court, affidavits have been filed by the States of Uttar Pradesh, Assam, Meghalaya, Mizoram, Chhattisgarh, Punjab, Nagaland, West Bengal, Andhra Pradesh, Maharashtra, Uttarakhand, Odhisha, Karnataka, Jharkhand, Himachal Pradesh, Goa, Municipal Corporation of Delhi and the Union Territory of Lakshadweep. These States/Union Territories in their respective affidavits have indicated that they have either constructed the toilets for boys and girls or they would complete it before the stipulated date that is before 31st March, 2012.

4. According to the Office Report dated 3rd day of March, 2012, following States have not filed their affidavits:

1. Tripura

2. Tamil Nadu

3. Sikkim

4. Gujarat

5. Bihar

6. Rajasthan

7. Jammu & Kashmir

8. Madhya Pradesh

9. Kerala

5. In the interest of justice, we grant one more opportunity to these States to file their respective affidavits within two weeks from today, failing which the Chief Secretary of the State concerned shall remain present in this Court on the next date of hearing. No further time shall be granted.

6. Learned counsel appearing on behalf of the Ministry of Drinking Water and Sanitation has handed over an affidavit of Sujoy Mojumdar, Director (Water), Ministry of Drinking Water and Sanitation, Government of India. In the affidavit it is mentioned that under the "Total Sanitation Campaign" (TSC), the Central Government supplements the efforts of the States in providing sanitation facilities in the rural areas, including identified existing rural Government schools and Anganwadis by providing them with financial assistance and technical support. It is further submitted in the affidavit that under the TSC, at present, School Sanitation Hygiene Education Programme is operational in 607 Districts spread across 30 States and Union Territories and a total of 11,99,117 school toilets have been financially assisted under the TSC. The cumulative progress of school toilets unit blocks financially assisted under the TSC in the entire country till 29.2.2012 are as follows:

Project Objectives - 13,14,636

Project Performance - 11,99,117

Percentage-wise progress - 91.21%

7. In paragraph 9 of the said affidavit it is stated that provision of sanitation facility in Government schools is made by States within their TSC allocation. Out of the total of Rs. 3068.51 c