JUDGMENT Sangeet Lodha, J. - By way of this writ petition (PIL), the petitioners, the residents of the town Phalodi, District Jodhpur, are seeking directions to the respondents to fill up all the sanctioned vacant posts of teachers in Government Varistha Upadhyay Sanskrit School, Phalodi as also for providing all necessary infrastructure facilities and amenities in the said school. 2. Background facts in nutshell are that initially a Government Primary School was established in the town Phalodi in the year 1999, which was essentially a Sanskrit School. In the year 2004, the school was upgraded to Middle level and thereafter, in the year 2010 to Secondary (Praveshika) level. In the year 2013, it was upgraded to Senior Secondary level and presently, it is known as "Government Varishtha Upadhyay Sanskrit School", wherein the students of Class-I to XII (Varistha Upadhyay) are studying. As per the details furnished by the respondents to the petitioners under the Right to Information Act, 2005 ("RTI Act"), during the academic session 2018-19, 266 students were admitted to the school in various classes. The school runs in two shifts; for Class- VI to XII from 6.50 A.M. to 12.30 P.M. and for Class-I to V from 12.30 P.M. to 6.00 P.M. As per the staffing pattern, besides Principal, the posts sanctioned are: 5 Lecturers, 6 Senior Teachers, 4 Teacher Level-I and 3 Teacher Level-II, 1 Physical Teacher, 1 Junior Office Assistant, 1 Librarian and 2 class IV employees. 3. The grievance of the petitioners is that on account of severe shortage of teachers in the school, the quality education in the school has become a far cry for the children and as a result thereof, the result of the higher classes are adversely affected and in Class-X, no student was declared pass in the preceding academic session, whereas in Class-I to VIII on account of policy of State Government not to declare the student fail, all the students were declared pass. As per the information supplied by the respondents to the petitioners under the RTI Act in tabular form (Annexure 4) depicting the position of the sanctioned posts in the school and the working strength may be beneficially reproduced: Lohd`r inksa dk fooj.k ØŒ laŒ inuke Lohd`r dk;Zjr fjDr fo'ks"k fooj.k 1 Á/kkukpk;Z 01 00 01 ;g in dHkh Hkjk ugha x;k 2 Ák/;kid fgUnh 01 00 01 ;g in dHkh Hkjk ugha x;k 3 Ák/;kid vaxzsth 01 00 01 ;g in dHkh Hkjk ugha x;k 4 Ák/;kid lkfgR; 01 00 01 ;g in dHkh Hkjk ugha x;k 5 Ák/;kid O;kdj.k 01 00 01 ;g in dHkh Hkjk ugha x;k 6 Ák/;kid lkekU; O;kdj.k 01 00 01 ;g in dHkh Hkjk ugha x;k 7 ofj"B v/;kid fgUnh 01 00 01 ;g in dHkh Hkjk ugha x;k 8 ofj"B v/;kid vaxzsth 01 00 01 ;g in dHkh Hkjk ugha x;k 9 ofj"B v/;kid lkeftd foKku 01 00 01 ;g in dHkh Hkjk ugha x;k 10 ofj"B v/;kid xf.kr 01 00 01 & & 11 ofj"B v/;kid foKku 01 00 01 & & 12 ofj"B v/;kid laLd`r 01 01 00 & & 13 v/;kid ,y&1 04 03 01 3 esa ls 1 vU;= Áfrfu;qfDr ij 14 v/;kid ,y&2 03 01 02 fnO;kax 15 dfu"B dk;kZy; lgk;d 01 00 01 ;g in dHkh Hkjk ugha x;k 16 'kkjkfjd f'k{kd 01 00 01 ;g in dHkh Hkjk ugha x;k 17 iqLrdky; v/;{k 01 00 01 ;g in dHkh Hkjk ugha x;k 18 prqFkZ Js.kh deZpkjh 02 00 02 ;g in dHkh Hkjk ugha x;k 19 Á;ksx'kkyk lgk;d 00 00 00 & & ;ksx 24 05 19 4. At the relevant time when the petition was filed only 3 Teachers were posted in the school to teach the students of Class- I to XII. The school is being run in three rooms with no infrastructure facilities. A perusal of the material on record reveal that the parents of the students studying in the school raised the grievance before the Government Authorities at all level but to no avail. 5. A reply to the writ petition has been filed by the respondents taking the stand that as on 22.1.19, one Teacher Gr.II and five Teacher Gr.III were posted in the school. 5. A reply to the writ petition has been filed by the respondents taking the stand that as on 22.1.19, one Teacher Gr.II and five Teacher Gr.III were posted in the school. In this regard, communication dated 22.1.19, sent by Divisional Sanskrit Education Officer, Jodhpur Division, Jodhpur to the Director, Sanskrit Education furnishing the information regarding the teachers posted in the said school is placed on record as Annexure-R/1. It is stated that vide order dated 21.2.19, one Shri Dharampal Yadav has been posted as Principal of the school. Similarly, vide 26.2.19, Shri Natwar Lal Panchal has been appointed as Senior Teacher and vide order dated 6.3.19, one Shri Bodu Ram has been posted as Physical Teacher and one Shri Dashrath Verma has been posted as Teacher Gr.III and thus, presently, ten posts of teaching staff including the post of Principal have been duly filled in. Regarding the remaining posts of teachers, it is submitted that the recommendation has already been made by the RPSC to the Government for appointment of teachers and the remaining posts of teachers shall also be filled in on priority basis. Regarding infrastructure facilities, it is submitted that a budget of Rs. 4.20 lacs has already been sanctioned and the proposals are invited from the school for construction of the class rooms and office rooms etc. 6. Learned counsel appearing for the petitioners contended that failure on the part of the respondents in providing adequate teaching staff and infrastructure facilities is ex facie violative of fundamental rights of the students studying in the school. Drawing the attention of the court to the information supplied by the respondents to the petitioners under RTI Act, learned counsel submitted that admittedly there exists severe shortage of teachers and there is no infrastructure facilities available for running class I to XII in the school. It is submitted that despite demand being raised time and again and the protest organised, the respondents have not cared to do the needful and therefore, the appropriate directions deserve to be issued so that the education of the children studying in the school may not be hampered and their future may not be ruined. 7. On the other hand, learned counsel appearing for the respondents submitted that the efforts are being made to fill up the vacant posts as also to provide requisite infrastructure facilities in the school. 7. On the other hand, learned counsel appearing for the respondents submitted that the efforts are being made to fill up the vacant posts as also to provide requisite infrastructure facilities in the school. It is submitted that a budget of Rs. 4.2 lacs has already been sanctioned for infrastructure facilities in the school and the proposal is requisitioned for construction of the class rooms, office room etc. Learned counsel submitted that the steps are being taken to make the school functional appropriately. 8. We have considered the rival submissions and perused the material on record. 9. It needs to be noticed that by way of Constitution (Eighty sixth Amendment) Act, 2002, Article 21A was inserted in the Constitution which makes right to education, a fundamental right and makes it mandatory for the State to provide free and compulsory education to all children of 6 to 14 years in such manner as the State by law provides. So as to achieve the Constitutional objective, the Parliament enacted "The Right of Children to Free and Compulsory Education, Act, 2009" ("Act of 2009"). Section 6 of the Act of 2009 specifically mandates that for carrying out the provisions of the Act, the appropriate Government and the local authority shall establish within such area or limits of neighbourhood as may be prescribed, a school, where it is not established within a period of three years from the commencement of the Act. As per Section 7 of the Act of 2009, the Central Government and the State Government have concurrent responsibility for providing funds for carrying out the provisions of the Act. As per mandate of Section 8, the appropriate Government is under an obligation to provide infrastructure including school buildings, teaching staff and learning material to ensure good quality elementary education conforming to the standards and norms specified in the schedule. The emphasis under the Act is on ensuring that all children have access to quality education and that enables them to the skills, knowledge, values and attitude necessary to become responsible and active citizen of India. To achieve the intended objects, even the Pupil-Teacher ratio in the school has been specified in the schedule which is mandated to be maintained in the school by virtue of provisions of Section 25 of the Act of 2009. To achieve the intended objects, even the Pupil-Teacher ratio in the school has been specified in the schedule which is mandated to be maintained in the school by virtue of provisions of Section 25 of the Act of 2009. Thus, the State is under an obligation to make all efforts to ensure that children of tender age may not suffer on account of paucity of the qualified and trained teachers. In this view of the matter, the omission on the part of the State in not providing the requisite teaching staff in the school besides being violative of Article 21A of the Constitution of India and the provisions of the Act of 2009 is detrimental to the interest of the nation itself. 10. In the matter of "Trilok Singh v. State of Rajasthan" (S.B. Civil Writ Petition No. 10339/12 and other connected petitions) decided vide judgment dated 21.10.13 by one of us, while declaring the Vidhyarthi Mitra Scheme introduced by the State Government for engagement of "Vidhyarthi Mitra" on contractual basis on fixed honorarium against the post of Teacher Gr-III, Senior Teachers and School Lecturers as unconstitutional, directions were issued to the State Government to fill up the vacant posts of Teachers and School Lecturers in various services/ cadre in the following terms; "The respondents are directed to proceed with the recruitment process to fill in all the vacant posts of Teachers and School Lecturers in various services/cadres forthwith and complete the process as early as possible, in any case, within a period of six months from the date of receipt of certified copy of this order. It is made clear that pending completion of the regular recruitment process, the State shall not be precluded from engaging the eligible persons on the various posts of Teachers on urgent temporary basis in accordance with the relevant recruitment Rules. The State shall also ensure that henceforth the determination of the vacancies of Teachers in various services/cadres is made every year as mandated by the relevant recruitment Rules and all efforts shall be made to fill up the vacancies preferably before the next academic session starts in the schools run by the State." 11. The decision in Trilok Singhs case (supra) was affirmed by a Division Bench of this Court in "Hitesh Parihar v. State of Rajasthan & Ors." (D.B. Civil Special Appeal (W) No. 21/14) decided on 21.11.14. 12. The decision in Trilok Singhs case (supra) was affirmed by a Division Bench of this Court in "Hitesh Parihar v. State of Rajasthan & Ors." (D.B. Civil Special Appeal (W) No. 21/14) decided on 21.11.14. 12. It is really unfortunate that the directions issued by this court as aforesaid have not been complied with till this date, which reflects the utter disregard on the part of the State Authorities for the directions issued by this court. On account of lackadaisical approach of the authorities of the Department of Education, Government of Rajasthan, in dealing with the requirement of maintaining teacher students ratio in the schools as prescribed, is hampering the education of the children and frustrating the loudable objects of the provisions of the Act of 2009. The material on record indicate that the Government schools are in pathetic condition and what to say about the tools and technique of modern learning, there is lack of even basic facilities like adequate number of class rooms, electricity, drinking water, toilet, library, staff room, playground etc. 13. Adverting to the facts of present case, it needs to be noticed that Government Varistha Upadhayay Sanskrit School, Phalodi was upgraded to Secondary (Praveshika) Level in the year 2010 and to Senior Secondary Level in 2013, however, the posts of teachers of different subjects were never filled in and many posts still remain vacant. Obviously, on account of non availability of the teachers, the students studying in the school could not be imparted proper education in the preceding years and consequently, as noticed above, in the last academic session, all the students who appeared in the Secondary Examination were declared fail. We are constraint to observe that deleterious inaction of the State Authorities in not providing the adequate teaching staff indicates towards the failure of the State in discharging its constitutional and statutory obligation, which is playing havoc with the future of the children. 14. Apart from non availability of the adequate teaching staff, the lack of infrastructure facilities in the school also depicts a bizarre situation. It is beyond comprehension as to how a school imparting education to the students of Class I to XII could be run in a building wherein only three class rooms are available. 14. Apart from non availability of the adequate teaching staff, the lack of infrastructure facilities in the school also depicts a bizarre situation. It is beyond comprehension as to how a school imparting education to the students of Class I to XII could be run in a building wherein only three class rooms are available. Even if the school is run in two shifts; one for Class I to V and another for Class VI to XII, at least seven class rooms are required to run the classes. That apart, the adequate space is required for the office of the Principal, the teaching staff, ministerial staff, library, art and craft room, computer lab etc. Admittedly, there exists lack of other amenities such as toilets, playground as well. As a matter of fact, a perusal of a news item published in a newspaper placed on record reflects that even the basic infrastructure facilities such as, the furniture are not available in the school and the students are compelled to sit on the floor. The photograph published in the newspaper reflects that two classes are being run in one room at a time. Needless to say that imparting of quality education to the students in the school should be paramount consideration of the State and therefore, the State Authorities must take the immediate measures to redress the grievance raised in the petition on behalf of the children studying in the school. 15. Needless to say that imparting of quality education to the students in the school should be paramount consideration of the State and therefore, the State Authorities must take the immediate measures to redress the grievance raised in the petition on behalf of the children studying in the school. 15. In view of the discussion above, we issue following interim directions: (i) The respondents are directed to fill up all the vacant posts of teaching and non teaching staff in the Government Varistha Upadhyay Sanskrit School, Phalodi before the commencement of the next academic session; (ii) The gaps with respect to infrastructure facilities in the school shall be identified on the basis of the norms laid down and the plan for providing all the required infrastructure facilities shall be submitted before this court on the next date of hearing; (iii) Till the required infrastructure is developed in the existing school building, the respondents shall explore possibility of providing an alternative building having adequate space with requisite infrastructure facilities for smooth running of the school, during the next academic session; (iv) The respondents are directed to place on record the status of the compliance of the directions issued by this court for filling up all the posts of teachers and lecturers in all the schools of State of Rajasthan, vide judgment dated 21.10.13 rendered in Trilok Singhs case (supra), before the next date of hearing. List the matter on 3.7.19.