Social Jurist A Lawyers Group vs Uoi And Ors.
2002 Latest Caselaw 1914 Del

ORDER

1. The MCD has still not filed the counter affidavit. Learned Counsel appearing for the MCD shall file a comprehensive and detailed affidavit to the writ petition.

2. We are surprised to find that the attendance authorities have not been appointed by the authorities who are responsible for imparting primary education to children despite the fact that the Delhi Primary Education Act, 1960 (for short 'the Act') has been in force for the last 42 years. The Act is a welfare legislation. It is well settled that right to primary education is a fundamental right flowing from Articles 14 and 21 read with Articles 40 and 45 and Preamble to the Constitution. Even Section 3 of the Act provides for compulsory primary education for children. Section 9 of the Act casts a responsibility on the parent of every child to cause the child to attend an approved school unless there be a reasonable excuse for his non-attendance with the meaning of Section 10 of the Act. According to Section 13 of the Act, whenever the attendance authority has reason to believe that the parent of a child has failed to cause the child to attend an approved school and there is no reasonable excuse for the non-attendance of the child within the meaning of Section 10 of the Act, it shall hold an inquiry in the prescribed manner. If as a result of the inquiry the attendance authority is satisfied that the child is liable to attend an approved school under the Act and there is no reasonable excuse for his non-attendance, it can pass an attendance order in the prescribed form directing the parent to cause the child to attend the approved school with effect from the date specified in the order. The failure of the parent to comply with the attendance order passed by the attendance authority has penal consequences. Therefore, the attendance authorities are required to serve a salutary function prescribed under the Act. Delay in appointing the attendance authorities amounts to defeating the object of the legislation. In the circumstances, therefore, we direct the concerned authority to appoint as many persons as it thinks fit to be attendance authorities for the purposes of the Delhi Primary Education Act, 1960, keeping in view the child population of Delhi. The attendance authorities shall be appointed within a period of one month. A status report in this regard shall be filed by the concerned authority.

List the matter on 16th December, 2002.