RAJIV SHARMA, J.

1. The learned Single Judge of this Court, vide order dated 24th November, 2014, has observed that certain portion of school building was in dilapidated condition. The Chief Education Officer, Dehradun, Shri Shiv Prasad has sent his requisition for undertaking of urgent repairs. The class-rooms were found to be badly lit. In few class rooms, students were sitting on the floor as there were no chairs and desks in the class rooms. The Chief Education Officer, Dehradun, before the Court, has admitted that in many schools, furniture was not provided. In view of this, the learned Single Judge, came to the conclusion that the matter involved common public interest and was required to be examined by a larger Bench.

2. Thereafter, the Division Bench of this Court, vide order dated 1st December, 2014, taking into consideration the seriousness of the matter, ordered the Secretary, School Education, Government of Uttarakhand to submit a report within one week. Report has been filed by the Additional Chief Secretary, School Education, Dehradun on his affidavit on 10th March, 2015. According to the report, there are about 12533 Primary Schools, 2809 Upper Primary Schools and 2203 Secondary Schools which come under the Government control while there are about 4 Primary Schools, 184 Upper Primary Schools and 301 Secondary Schools, all these schools are private schools and aided by the Government under the Uttarakhand Education Board. The State Government gives grant-in-aid to these schools for payment of staff salary, whereas, in the case of Government Schools, the Government bears all the expenses. The total expenditure under the head school education for the Financial Year 2013-14 was about Rs.3738.89 crores which was about 17% of the total expenditure of the State Government, whereas, the total budget provision under the school education for the financial years 2014-15 was about Rs.5271.25 which was about 14% of the total budget provision of the State Government. The total grant received from the Central Government under the various schemes for the financial year 2013-14 was Rs.411 crores, whereas, total estimated amount to be received from the Central Government for the financial year 2014-15 was about 622 crores out of which 321.16 crores have already been received till 31st January, 2015.

3. In the report, in the tabular form, the details of the facilities provided to the Primary Schools, Upper Primary Schools and Secondary Schools have been given.

4. Ours is a welfare State. Socialism is a basic feature of the constitution. Article 21-A of the Constitution of India, guarantees free and compulsory education of all children in the age group 6 to 14 years as a Fundamental Right in such a manner as the State may, by law, determine. Parliament has also enacted the Act called Right of Children to Free and Compulsory Education Act, 2009. The expression ‘free and compulsory’ education casts duty upon the State Government and other educational institutions to provide basic infrastructure in the schools to make the Article 21-A of the Constitution meaningful.

5. This Court, vide order dated 22nd December, 2014, had sought the following details from the State Government:-

“6. We, therefore, seek the following details from the Secretary, School Education, Government of Uttarakhand, Dehradun. He should file a detail counter affidavit before this Court furnishing details such as the amount of money spent on elementary and secondary education in the State by the Government and its share in the annual budget. The grants it is getting from the Central Government and other sources in this regard. What is the policy of the Government regarding providing infrastructure facilities in the elementary and secondary schools, such as Black Board, toilet facilities, furniture, etc. and if all these facilities are provided in these schools, at what level is it being done. Whether there are separate toilets for girls and boys in such schools.