IMPORTANT POINT
The State Government have issued directions to increase the number of volumes, instead of the textbooks being printed and published in single or dual big volumes and further to confine the pages of the textbooks and notebooks to 60 pages- Moreover, on a reading of the orders issued by the States of Telangana and Maharashtra, it is categoric, clear and evident that suitable directions were issued to the Educational Authorities so as to safeguard and protect the interests and well being of the children.

JUDGMENT :

Shaji P. Chaly, J

This writ petition is filed by a doctor by profession, said to be a public spirited person, seeking a direction to the Central Government, the State Government, and the Educational Authorities to ensure that weight of the school bags are reduced, as it is proven that heavier school bags are having adverse effect on the health of the growing children.

2. It is pointed out that scientific study proves a range of adverse implications on students as they grow into adulthood due to carrying of heavy school bags. Some of the commonly seen effects are fatigue, muscle strain, back pain, distortion of the spine's natural curves, rounding of the shoulders, poor body posture and short attention spans. Heavy school bags, it is submitted, causes cervical and lumber pains and it causes back pain in later years. It is reported that growth points in the bones by which bones grow will be damaged by carrying excessively heavy school bags resulting in abnormal growth.

3. The sum and substance of the contention put forth by the learned counsel for the petitioner is that the primary school years of a child are important for the well being, growth and development of the child. The petitioner has produced Ext.P1, which is a study report of the National Centre for Biotechnology Information available in the internet. The Director, Central Board of Secondary Education, New Delhi had issued Circular dated 12.09.2016 directing all the schools affiliated to it to take appropriate steps/measures to reduce the weight of the school bags carried by the children, evident from Ext.P2. It is suggested that the school bags would be ideal, if the weight of the same is 10% of the child's body weight, which will reduce the adverse effects. It is suggested by the petitioner that Ext.P2 circular issued by the Central Board of Secondary Education is extended to all students and schools in the State, irrespective of private or Government. The petitioner has also produced Exts.P3 and P3(a) news reports, which carry news that the States of Telangana and Maharashtra have come out with effective and practical way out in the subject issue and has issued directions to the schools and Educational Authorities to ensure that the children are carrying school bags with minimum possible weight. Therefore, it is submitted that the Union Government and the State Government may be directed to ensure that proper office memorandum/order ensuring that no school-going students in the country carry school bags heavier than 10% of their body weight.

4. The 4th respondent i.e., the Director of Public Instruction, has filed counter affidavit along with an order passed by the Kerala State Human Rights Commission dated 05.08.2016 issuing appropriate directions in respect of the school bags. It is also pointed out that on the basis of the directions so issued, appropriate circulars were issued to all the Government and aided schools to ensure proper action to reduce the weight of the school bags.

5. A statement is filed for and on behalf of the Ministry of Human Resource Development, New Delhi enumerating the steps taken by it to reduce the weight of the school bag on the basis of the guidelines and circulars issued by the States of Telangana and Maharashtra, and that circulars and directions are issued for ensuring the safety of the children in that regard.

6. We have heard Sri. Joby Cyriac, learned counsel appearing for the petitioner, Smt. Sreekala K.L., learned Central Government Counsel appearing for the Ministry of Human Resource Development, Sri. Nirmal S, learned Standing Counsel appearing for the Central Board of Secondary Education and Sri. Tek Chand, learned Senior Government Pleader appearing for the Secretary, General Education Department and the Director of Public Instruction, and perused the pleadings and documents on record.

7. The Central Board of Secondary Education, New Delhi has issued a circular dated 12.09.2016 enumerating the measures to reduce the wei