The main legal point established in the judgment is the duty of the State Government to ensure free and compulsory education, protect children's rights, and constitute a State Advisory Council for the better management of the education system.

JUDGMENT

Ramesh Chandra Khulbe. J. - This letter petition (PIL) has been filed by Mr. Pankaj Khatri (President), Student Guardian Teacher Welfare Society Damuadunga, Sheeshmahal, Kathgodam, Haldwani, District Nainital) seeking the following relief: -

"To constitute a Complaint Center to deal with arbitrary functioning of the private schools of District Nainital, and further to direct the private schools to fix tuition fee and other charges after giving an opportunity to the representatives of parent teacher associations."

2. In the letter sent by the petitioner to this Court, it is stated therein that the private schools at Haldwani are charging exorbitant fee from the students and compelling the parents to purchase the stationery and school dress of their wards from a particular shop. It is also stated that the private schools have increased the transportation charges while in the school vans there are no security arrangements, and parents are compelled to drop their children to school by private vans or autorickshaw. The schools at Haldwani also compel the students to take private tuitions. It is further stated that the private schools cannot increase the fee without permission of the Government; no fee should be charged from the students for the continuous closure period of the schools; and the teachers should be paid the salary at least the minimum basic pay.

3. The Director General, School Education (Government of Uttarakhand), District Magistrate (Nainital), Central Board of Secondary Education (New Delhi) and Chief Education Officer (Nainital) were impleaded as respondents.

4. A counter affidavit has been filed on behalf of the respondent no.1-Director General, School Education (Government of Uttarakhand), Dehradun, wherein, it is submitted that earlier, the Writ Petition (M/S) No.3302 of 2017, Sanyukt Vidhyalaya Prabhandan Saimiti Vs. State of Uttarakhand & others, and batch, were filed in which the following interim order was passed by this Court:-

"Till the next date of listing, the petitioners would make efforts as far as possible, to comply with the order dated 23.08.2017, but the petitioners shall not be coerced into it by the State or its authorities. I say this because whereas we all want the best books at reasonable price for the students, yet no one can be coerced into it. The subsequent orders dated 15.02.2018, 06.03.2018 and 09.03.2018, since prohibit any other books save NCERT books, are prima facie violative of the fundamental rights of the petitioners under Article 19 (1) (a) and 19 (1) (g) of the Constitution of India, and to the extent these orders make this prohibition of books, these orders shall remain stayed. The petitioners, however, can make other books available to the students, but as far as possible, at competitive rates (i.e. in relation to price of NCERT books), as a genuine concern has been raised at the Bar by learned counsel for the State that the books published by the private publishers are unreasonably priced and in many cases, out of reach of students. These books, i.e. other than NCERT books, however, must meet the requirements and guidelines of CBSE curriculum and syllabus prescribed by the CBSE, and NCERT. The schools shall also publish this on their website."

5. Pursuant to the aforesaid order, the office of Director General of Education, vide letter dated 24.09.2018, issued certain directions. A direction was also issued with regard to the fee structure on 02.03.2019. As regards providing security to the students is concerned, a direction was issued on 28.09.2018 for installation of CCTV cameras. Apart from that, certain other directions were also issued.

6. The other grievances raised by the petitioner that most of the teachers of private school of Haldwani are compelling the students for private tuition. In this regard, the Government has issued directions on 08.07.2011.

7. Heard Mr. Anil Kumar Bisht, learned Standing Counsel for the State of Uttarakhand.

8. To provide for right