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. 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 to access education, Article 21-A was enacted to give effect to Article 45 of the Constitution. Article 21-A provides that the State shall provide free and compulsory education to all children of the specified age in such a manner as the State may, by law, determine. Right of Children to Free and Compulsory Education Act, 2009 (for short the "2009 Act") makes the right of children to free and compulsory education justifiable. The 2009 Act envisages that each child must have access to a neighborhood school. Right of Children to Free and Compulsory Education Act, 2009 (for short the "2009 Act") makes the right of children to free and compulsory education justifiable. The 2009 Act envisages that each child must have access to a neighborhood school. This Act has been enacted keeping in mind the crucial role of universal elementary education for strengthening the social fabric of democracy through provision of equal opportunity to all. 9. As far as the allegation of charging high fee is concerned, in this regard, directions have already been issued by office of Director General of Education on 02.03.2019 addressed to all Chief Education Officers of Uttarakhand, in which a specific direction was issued regarding opening of the book bank in the school for the benefits of the students. 10. Now, in so far as increase in transportation charges and fee is concerned, the petitioner although did not submit in detail which particular institution is charging exorbitant fee from the students, but the Director General of Education, State of Uttarakhand has already issued instructions to all the Chief Education Officers on 02.03.2019. As far as the question providing security to the students in school van/buses is concerned, a Division Bench of this Court, in WPPIL No.156 of 2018, "Aklema Parveen Vs. State of Uttarakhand and others" had already issued the following directions on 25.09.2018:- "A. In every bus deployed by the Private Schools, the female staff should be deployed mandatorily. It shall be duty of the female staff to pickup and drop the student safely. B. Every transport vehicle deployed by the Private Schools is ordered to be fitted with the CCTV live display which should be available with the Principal/Vice-Principal of the school. C. Every student in all the schools throughout the State of Uttarakhand are ordered to be provided with identity card fitted with electronic chip which can provide location of the student to the parents at any time and at any place through mobile application/ software. D. Every movement of the student i.e. the moment student is picked up and the moment student leaves the school premises and dropped by the transport vehicle, the same should be reported to the parents through SMS. E. The Principals/Head Masters of the Government Schools/ Public Schools/Private Schools are requested to hold regular awareness programmes in the schools to sensitize the staff and the students. E. The Principals/Head Masters of the Government Schools/ Public Schools/Private Schools are requested to hold regular awareness programmes in the schools to sensitize the staff and the students. F. Henceforth, the credentials of each and every staff member of the private school shall be duly verified by the police before their employment. The credential shall also be independently verified by the Principal/ Administrator of the School Management. G. The endeavour should be made to deploy only those persons who have their roots in the city as drivers and conductors to transport the students. H. Every Private School in the State of Uttarakhand is ordered to install CCTV cameras in the school rooms, corridors and every corner, more particularly, in the isolated places in the schools. I. It should be the personal responsibility of School Management/ Administrator to ensure the safety of every student to be transported from home to school and back. J. It is one of the regal, sovereign functions of the State to maintain law and order. The Senior Superintendent of Police, Nainital is directed to lodge FIR within 48 hours against the school management/administrator for dereliction of their duties as they have failed to ensure the 4 safety of the student, who was sexually abused/assaulted in the bus. K. Every private school throughout the State of Uttarakhand is directed to ensure installation of Global Positioning System (GPS) in every transport vehicle to locate its movement. L. It is made clear by way of abundant precaution that all the directions given hereinabove shall be followed obediently, punctually and in letter and spirit by school Management/ Administrator/Principals / Head Masters and Ministerial Staff in each and every school of the State of Uttarakhand failing which the Court may not hesitate to recommend the cancellation of their affiliation/recognition. M. The Administrator/Management shall be personally held responsible for breach of any of the mandatory directions, issued hereinabove. N. The District Magistrate or the officer not below the rank of Additional District Magistrate posted in every District in the State of Uttarakhand shall personally visit each and every private school every fortnight to ensure whether CCTV cameras installed are functional and are also not tampered with." 11. The main allegation of the petitioner is that the private schools of Haldwani are charging fee during the closure of the schools. 12. The present letter petition (PIL) was received in the Registry on 19.11.2019. The main allegation of the petitioner is that the private schools of Haldwani are charging fee during the closure of the schools. 12. The present letter petition (PIL) was received in the Registry on 19.11.2019. After receiving the same, the Covid-19 pandemic spread all over the world during the month of March, 2020. When the disease also spread in the State of Uttarakhand, the State Government issued two orders, dated 22.04.2020 and 02.05.2020, in which certain directions were issued regarding receiving of tuition fee by the private schools. These Government Orders were noticed by us during the hearing in WPPIL No.59 of 2020, "Japinder Singh Vs. Union of India and others" and batch and WPPIL No.67 of 2020, "Akash Yadav Vs. State of Uttarakhand" in which a specific direction was given on 12.05.2020 by this Bench that as per the G.O. dated 02.05.2020 only those private institutions, which are running online classes, are entitled to collect tuition fee from the students. Children, who do not have access to the online course, cannot be asked to pay the tuition fee. 13. Another grievance of the petitioner is that most of the teachers of private schools of Haldwani are compelling the students for private tuition or for their own coaching classes. 14. Section 28 of the 2009 Act specifically provides that:- "No teacher shall engage himself or herself in private tuition or private teaching activity." 15. Chapter VI of the Act of 2009 provides protection of right of children. Section 32 thus, provides that any person having any grievance relating to the right of a child under the 2009 Act, may make a written complaint to the local authority having jurisdiction; that authority, in turn, is expected to decide it within three months after affording a reasonable opportunity of being heard to the parties concerned. In addition, in terms of Section 31, the Commission, constituted under the provision of Commission for Protection of Child Rights Act, 2005, can monitor the Child Rights to education, so as to safeguard the rights of the child upon receiving any complaint in that behalf relating to free and compulsory education. 16. Section 34 of the 2009 Act, casts a duty on the State Government to constitute a State Advisory Council to advise the State Government on implementation of the provisions of the Act in an effective manner. 17. 16. Section 34 of the 2009 Act, casts a duty on the State Government to constitute a State Advisory Council to advise the State Government on implementation of the provisions of the Act in an effective manner. 17. The State Government has issued instructions by invoking the provisions of Section 34 of the 2009 Act on 09.12.2011. Apart from that, the State Government has already issued G.O. dated 08.07.2011 (Annexure-13 of the Counter Affidavit). 18. Another grievance of the petitioner is that the authorities and Director of Education have failed in their obligation to get the accounts of private recognized unaided schools audited. 19. The Legislature has enacted Uttarakhand School Education Act, 2006 and the State Government has framed the Regulation of 2009, while the Parliament has enacted Right of Children to Free and Compulsory Education Act, 2009, which came into force w.e.f. 01.04.2010, but both the Central and State Legislature are silent about the audit of private educational institutions. So, we are unable to issue any direction regarding it. 20. The provisions of the 2009 Act are intended not only to guarantee the free and compulsory education, but it also envisages imparting the quality education by providing required infrastructure, and compliance of specified norms and standards in the school. It is the duty of the State Government to provide quality education to the children. The State Government is duty-bound to comply the provisions of the Act and the direction issued by this Court in WPPIL No.201 of 2014, "Deepak Rana Vs. State of Uttarakhand and others" and WPPIL No.156 of 2018, "Aklema Parveen Vs. State of Uttarakhand and others". If any person is aggrieved, certainly he has a right to put his grievances before the authority and the State Advisory Council for implementation of provisions of the law. Although, the State Government has issued an order on 9.12.2011 for constitution of State Advisory Council, but no such Council is constituted on ground level. We request the State Government to constitute such Advisory Council as early as possible for the better management of the education system in the State which can supervise not only the Government Schools but the private schools as well. 21. The petition is, accordingly, disposed of. No costs.