The main legal point established is the significance of physical education and sports infrastructure in the overall development of students' personalities, and the court's directive to ensure compliance with the provisions of law and mandates regarding sports infrastructure in schools.

JUDGMENT

(Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus to direct the appropriate respondents to frame a set of guidelines, rules or procedures for the proper instruction of physical education in public and private schools with adequate infrastructure facilities for physical education of school children, including playground/gym, etc.)

Munishwar Nath Bhandari, CJ.

1. The writ petition, in public interest, has been filed to direct the respondent authorities to frame guidelines, rules or procedures for proper instruction of physical education in all the public and private schools with requisite infrastructure for physical education, including playground, gym, etc.

2. The petitioner, appearing in person, emphasizing the significance of physical education as a pivotal tool for a comprehensive development of personality, submitted that the government has not paid requisite attention to physical education as a subject in schools, which resulted in inadequate infrastructure in schools and lack of physical education teachers. Referring to a newspaper report stating that only 40 of 9000 schools in Tamil Nadu hire a physical education teacher, it is submitted that such sorry state of affairs in the schools is due to the poor planning and lack of vision of the successive governments in the State.

3. It is further submitted that schools without proper infrastructure are permitted to run in violation of the Affiliation Bye- Laws of the Central Board of Secondary Education and the provisions governing the private schools in the State of Tamil Nadu and the government should ensure that strict action is taken against the schools which are not adhering to the statutory requirement.

4. Learned State Government Pleader appearing on behalf of respondents 1 to 7 submitted a status report which reveals that out of 1434 schools in Chennai District, 367 schools do not have playgrounds and these schools are utilizing the public grounds/ Corporation/Municipality playgrounds after obtaining requisite permission from the authorities. It is further submitted that physical education is made compulsory in all schools; periods are allotted in the time table; and, classes are conducted. It is also submitted that periodic monitoring of the facilities is being undertaken by the officials concerned. He assures that the respondent authorities would take earnest efforts to ensure that physical education is given equal importance as other subjects and classes would be conducted encouraging physical acitivity.

5. We have heard learned counsel on either side and perused the documents available on record.

6. A perusal of G.O.(2D) No.48, School Education (X2) Department, dated 21.7.2004 shows that one of the recommendations of the Committee constituted to study the infrastructural facilities for Matriculation Schools and Matriculation Higher Secondary Schools is as under:

“Playgrounds: Adequate playground should be provided as part of the school complex or very close to the school. In Corporation or Municipal areas, managements may secure permission to use corporation or other playgrounds.”

7. The Affiliation Bye-Laws of the Central Board of Secondary Education qua “physical infrastructure” under Chapter 4 mandates as under:

“4.7.8. The School should have adequate facilities for providing recreation activities and physical education as well as for conduct of various activities and programs for developmental education and for the social, cultural and moral development of the students and for safeguarding their health.

4.7.9. Playground: Adequate ground to create outdoor facilities for at least 200 meter Athletics Track, Facilities for Kabbadi, Kho-Kho, Volleyball, Basketball, etc.”

8. The Tamil Nadu Private Schools (Regulation) Act, 2018 also mandates that for grant of certificate of recognition, one of the factors to be considered is the extent of playground available to the pupil and the adequacy of the playground