w HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH Coram : HON’BLE SHRI RAJEEV GUPTA, C.J. & HON’BLE SHRI T.P. SHARMA, J. Writ Petition No. 6294 of 2005 PETITIONER Sitaram Dewangan, aged about 56 years, S/o Shri Raghuram Dewangan, Assistant Teacher Govt. Primary School, Viliage Bhainsa Block Development Arang, district Raipur (C.G.) Versus RESPONDENTS 1. State of Chhattisgarh, Through Principal Secretary School Education Department Government of Chhattisgarh, Dau Kalyan Singh Bhawan, G.E. Road, Raipur (C.G.) 2. Director, Public instructions Chhattisgarh, Raipur (C.G.) 3. C.G. Board of Secondary Education, Raipur (C.G.) Through ‘Secretary. WRIT PETITION UNDER ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA Shri V.G. Tamaskar, learned counsel for the petitioner. Shri V.V.S. Murthy, learned Deputy Advocate General with Shri Akhil Agrawal, learned Panel Lawyer, for the State] respondents No. 1 & 2. Present : ORDER (315' August, 2009) The following order of the Court was passed by Rajeev Gupta, C.J. : Learned counsel for the parties are heard. 2. Petitioner — Sitaram Dewangan, an Assistant TeaGher in a Government Primary School has filed this writ petition styled as ‘Public interest Litigation’ for the following reliefs: "(l) That, the Hon’ble Court be pleased to direct respondents to see that no students of a Primary School whether Government or private is required to pay any admission fee, capitation fee, scout fee, examination fee tuition fee or any other fee in what so ever form till he completes his primary education by issuing a writ of mandamus. (ll) That, the Hon’ble Court be direct that birth dates of children born in villages are recorded in the nearest Government Primary Schools by issuing a writ of Mandamus. (lll) That, the Hon'ble Court be pleased to issue any other writ or writs order or orders direction or directions deemed fit in the interest of justice.” 3. The petitioner is mainly seeking a direction to the State Government to provide free education to the children up to Primary Schools. 4. Respondents No. 1 & 2 in their counter amdavit have categorically stated in para 4.2 and 4.4 which read as follows :- "4.2 The contents of para 5.1 are denied that the children of poor families are being deprived of their Constitutional Rights of free Primary Education because the respondent State is providing free education of all children upto .High School Level. However, a nominal amount is charged only for activities fees such as “Scout & Examiriation’ in the Primary School Level. “\Q 4.4 The contents of para 5.3 are denied that in the name of progress report a fee of Re. 1 per student is being charged. It is most humbly submitted that as per the norms of the respondent State the progress report is free of cost and the students are not required to pay any amount under that head. However, the ‘Scout-Fees’ of Rs.2/- per year per student is payable for the ‘Scout & Guide’ Activities. This amount of Rs.2/- is spent by the school management on the co-curricular activities for the benefit of students, by which their personality development and discipline is leamt by the students. The averment that the students are required to pay Quarterly Examination Fees is completely false and baseless, therefore denied. However, the Examination Fees for the students of Class V of Rs.17!- per student per year is charged as Class V Exam’as a Board Exam and the above amount is spent in the arrangement of Question- Papers, Examination & Checking of the answer sheets.” 5. In view of the above quoted categoric averment by respondents No. 1 & 2, we are of the opinion that no further direction is required to be issued in this writ petition. 6. The writ petition, therefore, stands disposed of. T. No order as to costs. Sd/ T.’ P. Sharma r Judge mmmi Sdl- Chief Jusu‘ce