JUDGMENT : SHAJI P.CHALY, J. Captioned writ petitions are public interest litigations seeking direction to the State Government to provide Television/Internet facilities to all students enabling them to participate in the on-line classes, especially to the marginalized students in the State. This situation has arisen due to non-functioning of the schools physically, consequent to lockdown restrictions imposed by the Central as well as State Governments on account of the pandemic COVID -19. Therefore, we heard them together in agreement and proposed to pass this common judgment. The facts and materials available from W.P.(C) No.11014/2020 is relied upon so as to dispose of the writ petitions. 2. Petitioners are social workers engaged in the activities of the welfare and development of Scheduled Castes/Scheduled Tribes in the State of Kerala and also interested in the welfare and well being of the community. The case advanced by the petitioners is that, State Government has issued order no 1756/2020 dated 29-05-2020 for re-starting the schools, and continuing education without break, by conducting online classes, using electronic devices, to all students from classes 1 to 12 except the 11th standard, and though directions were issued to reach out the benefit of the same to all students in the State with special mention to those students who are not having internet facility, lap top, computer, smart phone etc, to class teachers and other educational authorities, so far facilities are provided to the students belonging to the poor and marginalised sector. 3. The basic contention projected by the petitioners is that, since the students belonging to Scheduled Castes/Scheduled Tribes and marginalized sector are unable to have access to the electronic on-line education, it is causing serious prejudice to them. It is also pointed out that the students belonging to Scheduled Castes/Scheduled Tribes residing in and around forest and remote areas where no internet connection is available are unable to access the online classes. It is the further case of the petitioners that, even though the State Government have announced that it is planning to do the needful for the students who do not have the online facility, the classes have begun in CBSE, ICSE, Aided, and Government schools, and consequently the underprivileged students, are unable to attend the classes. 4. It is the further case of the petitioners that, even though the State Government have announced that it is planning to do the needful for the students who do not have the online facility, the classes have begun in CBSE, ICSE, Aided, and Government schools, and consequently the underprivileged students, are unable to attend the classes. 4. In spite of submitting Exts.P2 and Ext.P3 representations to the State Government, dated 31.5.2020 and 1.6.2020, no serious consideration was extended by the Government and therefore, the petitioners are of the view that the underprivileged and marginalized students are neglected by the Government, which is totally illegal and arbitrary. It is thus on account of the alleged unjustifiable action on the part of the State Government, directions are sought, to the State Government and the educational authorities, to impart online education to the students belonging to Scheduled Castes/Scheduled Tribes, and the others deprived of such facilities providing smart phone, TV, or other electronic gadgets, enabling them to have access to internet facility to ensure their proper education without hindrance, just like the students who are privileged to access such facilities. 5. A further direction is sought to the respondents to take all measures to identify each student, who does not have the internet facility to get online education in the State and direct them to provide devices like smart phones or laptop or computer or T.V. with an internet facility so as to participate in the online classes. Directions similar to the same are also sought for. To put it short, the contention put forth by the petitioners is that, irrespective of the social, economic and financial disabilities of the parents of the students, online facilities shall be provided by the State Government to all students. 6. W.P.(C) No.11140/2020 is also filed by a public spirited person espousing the case of marginalized Dalith students especially in the tribal settlements and colonies in various parts of the State of Kerala, who could not have access to internet or other facilities. W.P.(C) No.11762/2020 is also filed by a public spirited person so as to secure benefits to socially and economically backward students highlighting the rights of such students on the basis of Article 21A of the Constitution of India and also the provisions of the Right of Children to Free and Compulsory Education Act, 2009, as amended from time to time, hereinafter called, 'Act, 2009'. W.P.(C) No.10986/2020 is also filed by a public spirited person, and mother of two students studying in 5th and 4th standards at two Government Schools in Nattakkal and Kasaragod, seeking to ensure full fledged facilities to all students. 7. Since the writ petitions are of common nature, the State Government has chosen to file a common statement traversing through the contentions put forth by the respective petitioners, in W.P.(C) No.11014/2020 refuting the allegations, however stating that the Government is trying its best to extend the online facility of education to all students irrespective of their social, financial and economic capacity and to ensure that the students are not deprived of the education in spite of the emergent situation prevailing in the State along due to the pandemic COVID-19. 8. Primarily it is submitted that the online classes are started by the Government through a channel called 'Victer' from 1st week of June, 2020 as a trial and error method, in order to carry on with the classes seamlessly and without any hindrance, and therefore the apprehension of the petitioners that, the students who are not having the electronic gadgets, will not be able to access online classes, has no basis since, only after ensuring that the students in the entire State are provided with necessary equipments so as to access online classes, the regular education will start. It is pointed out, on the basis of the study report of the State Project Director dated 10.5.2020, out of 41.3 lakhs of students in Kerala, about 2.61 lakhs students were found not having access to online classes. However, consequent to the dynamic steps taken by the State Government utilising the offers made by the philanthropists and non-Government organisations, the State Government could reduce the inaccessibility of online classes as on 1.6.2020 to 1.5. lakhs. As per the later study report dated 8.6.2020, the number of students without access to online facilities was reduced to 42,412 and at the time of filing statement on 9.6.2020, it is asserted that the Government is taking earnest efforts to reduce it to nil before starting regular online classes. 9. lakhs. As per the later study report dated 8.6.2020, the number of students without access to online facilities was reduced to 42,412 and at the time of filing statement on 9.6.2020, it is asserted that the Government is taking earnest efforts to reduce it to nil before starting regular online classes. 9. That apart it is submitted that State Government is committed to provide all facilities to the school students and any shortfalls identified will be rectified on a war footing and in order to achieve the target, the Government has issued Annexure R2(c) circular on 30.5.2020 issuing guidelines to be followed for implementing online method of classes. On the basis of the Government Order dated 29.5.2020, the Government has opened an online platform for students on 1.6.2020, and an evaluation was done to explore the possibilities of using every agency associated with the process of education to make the venture of the Government a successful one. Therefore, Annexure R2(e) (English translation Annexure R2(f)) guidelines were also issued drawing up a clear road map specifically identifying the agencies to be involved with the process and respective roles to be performed by them. In Annexure R2(e), the policy of the Government in respect of education is reflected, and the Government is concerned with the consequences that have suffered by the State due to the adverse situations of COVID – 19. The Government has also realised the limitations in the accessibility of online platforms by all sections of the students and is taking steps to devise methodologies to rectify any shortfalls that come across in that process. It was accordingly that the platform was launched on a trial basis for the initial two weeks. 10. From the road map, Government have realised the difficulties of switching over to a new method of education and therefore, taking stock of the inadequacies in infrastructure, learning material and gadgets clearly imbibing the mandate prescribed under the provisions of the Act, 2009, and speedy and effective steps are taken to ensure that no section of students are discriminated or prevented from pursuing and accessing the new mode of education on any grounds. 11. So much so, it is stated that, apart from the online classes, telecast through victers channel, could also be accessed through facebook and YouTube. 11. So much so, it is stated that, apart from the online classes, telecast through victers channel, could also be accessed through facebook and YouTube. That apart, necessary directions have been given to the headmasters, teachers, students and other stakeholders involved in the process, for periodical monitoring aimed at successful implementation of the venture. 12. Government is also aware of the fact that there are certain areas where, due to lack of electricity supply, the classes could not be viewed and in such circumstances Government have taken steps to download the classes and relay the same using alternative methods, thereby ensuring that no student is denied of the availability of the classes and a continuous education process. The students are also requested to be in constant touch with the teachers and co-students through phone or other social media to share views of the online classes and clarify their doubts with their respective teachers. It is also seen that teachers are further directed to identify the students who are not having facility in their houses to access online classes and bring it to the notice of the Headmaster of the school and to sort out the issue with the help of local self Government institutions, representatives of the people, Kudumbasree Units, SC/ST Departments, Co-operative institutions, libraries etc. The teachers are directed to ensure that the students of their respective classes are making use of online facilities, and no student is deprived of the same and further to ensure that the parents and students are duly informed of the time table, and schedules of telecast in advance, with a further direction to instruct students to do necessary preparatory for viewing the online classes, and making sure that all students participate in the session. The teachers are also given liberty to modify or add to the instructions given so as to attain the maximum, and better advantage of the students. The parents are also directed to seek the help of teachers, for assisting the disabled students and students who do not have elderly members in their families, while the online session is progressing. Other directions are also issued by the State Government so as to protect the interest of the students. 13. The parents are also directed to seek the help of teachers, for assisting the disabled students and students who do not have elderly members in their families, while the online session is progressing. Other directions are also issued by the State Government so as to protect the interest of the students. 13. That apart, with respect to the averments made in the writ petition that a large number of students belonging to socially, educationally and economically backward class students are not having the necessary electronic gadgets, it is stated that the Government is making every efforts to rectify the same with the cooperation of interested persons including major public sector undertakings. In order to handle the above situation, the Government has also constituted a District level co-ordination committee in all districts with Deputy Director of Education as its Chairman consisting of 8 members, and the first meeting was directed to be convened on 6.6.2020. The meeting of various officials and all interested persons were convened for ensuring supply of electronic gadgets and T.V. sets to such children who are not having such facilities to participate in the online classes. 14. It is also submitted that the schools and hostels specially available to the students belonging to SC/ST could not be opened due to the lockdown restrictions issued by the Government of India consequent to the pandemic COVID – 19, and the Government is duty bound to follow the said instructions also, in order to protect the interest of the public at large, especially the student community and therefore, the submission made by the petitioners that the online facilities shall be made available in tribal hostels are unable to be provided by the Government. 15. Further it is stated that in order to protect the interest of the members of backward communities, who are residing in forest and interior areas, steps are taken to provide common facilities in the nearby public establishments like Community Centres, Anganwadies, Libraries and Akshaya Centres etc. It is stated in the additional statement filed on 15.6.2020 that, the Government is focusing on the accessibility of online classes in tribal areas and issued specific directions to all Deputy Directors of Education to report details of tribal areas within their jurisdiction and also as to the accessibility of such students for viewing online classes at home and through neighbourhood centres. The Government, in that view of the matter, have issued various communications and Annexure R2(k) format to secure the statistics in regard to such students, enabling the Government to take necessary steps to sort out the deficiencies identified in such areas. 16. Even though in the previous statement, it was stated that the lack of facilities was reduced to 42,412 students as on 8.6.2020, by 11.6.2020, it was reduced to 17,774 and by 13.6.2020 afternoon, it was drastically reduced to 2800 students. It is also pointed out that in all tribal areas, where there is no electricity or cable network facilities, steps are already taken to provide downloaded versions of classes by using laptops and for this purpose around 200 neighbourhood centers have been identified. 17. That apart it is pointed out that due to the drastic steps and initiatives taken by the Government, the issue of non-accessibility was reduced to 872 students scattered all over Kerala, and residing in remote tribal and border areas, however steps are being taken to provide them the recorded version of online classes without any delay. It is also seen from the additional statement that the Government has already directed, and also permitted the Local Self Government Institutions to utilise their funds for the purchase of Television, Laptop, computer etc. for schools within their jurisdiction on need basis. Government has also granted special permission to utilise a special development fund of the Members of the Legislative Assembly, and Legislative Assembly Constituency Asset Development Fund for the purpose of procuring and arranging facilities for online classes. It is also submitted that various organisations and public sector undertakings have provided the students with various electronic equipment so as to tackle the situation. 18. Anyhow so as to meet up with the contentions advanced by the petitioners, it is undertaken by the State Government that all effective and necessary steps would be taken to address any issues and shortcomings pointed out by parents/students or any other responsible person through the educational authorities and it will be rectified without any delay. In order to substantiate the submissions so advanced, necessary Government Orders/circulars/notifications are produced, and on going through the same we are satisfied with the steps taken by the Government directing the educational authorities and all concerned for ensuring the facilities to all students. 19. In order to substantiate the submissions so advanced, necessary Government Orders/circulars/notifications are produced, and on going through the same we are satisfied with the steps taken by the Government directing the educational authorities and all concerned for ensuring the facilities to all students. 19. Anyhow reply statements are filed by the petitioners in W.P.(C) No.11104/2020 to the statement and additional statement filed by the State Government disputing the contentions put forth by the State Government with respect to the alleged facilities provided to the students, and it is pointed out that the Government have not taken any steps to address the issue with respect to the Scheduled Tribe students, who are residing in forest and who are not having electricity connection. In the reply statement dated 16.6.2020, petitioners have specified the areas where the students belong to Scheduled Tribes/Scheduled Castes and other backward classes, who are not provided with any accessibility to online education, are residing. Accordingly it is stated that in a place called 'Arippa', a remote place in Kollam District under the control of the Assistant Educational Officer, Chadayamangalam, there are about 35 students, who are residing in huts where no electricity connection is available and they have no T.V., and their parents do not have any smart phones. Though the Panchayat have contacted the parents of the students and realised the situation, their number is noted as 6 instead of 35. 20. Likewise such a situation is pointed out in a place called 'Chengara' in Kollam District and it is stated that there are 50 students from 1st to 12th standard and only one TV set is provided and the same is not allowed to be opened due to the interference of an antisocial person and in spite of Police complaint, nuisance is not abated. So also it is stated in a Scheduled Tribe colony in ward Nos.5 and 6 at Kilimanoor Panchayat no sufficient facilities are arranged by the Panchayat and some of the houses are not even having electricity connection. In Vayalar Panchayat in Alappuzha District, according to the petitioners, no adequate facilities are provided by the Panchayat for the students of Government School where Scheduled Tribe children are studying and they are only promised that it would be rectified with the co-operation of certain organisations. In Vayalar Panchayat in Alappuzha District, according to the petitioners, no adequate facilities are provided by the Panchayat for the students of Government School where Scheduled Tribe children are studying and they are only promised that it would be rectified with the co-operation of certain organisations. So also other shortcomings and failures on the part of the Government to provide necessary facilities in other areas are also pointed out, even though not in specific terms as to the number of students and other details. In the writ petitions as well as in the statements filed, petitioners have also brought to the notice of this Court the suicide committed by a student on account of depriving facilities of online to her, and starting of the trial run classes. 21. Anyhow today when the matter was taken up, on account of the shortcomings pointed out by the petitioners, the State Government has produced the instructions imparted by the Additional Director of General Education on 17.6.2020 along with a memo. In the said instruction, it is submitted that the shortcomings specified by the petitioners in the statement dated 16.6.2020 was enquired into and necessary steps were taken to ensure that the facilities are provided to such children through appropriate means and also utilising the neighbourhood centres such as public library, Panchayat community centres etc. Therein, it is also stated that, bearing in mind the obligation on the State Government under Article 21A of the Constitution of India, all adequate steps will be taken for ensuring the welfare of the students and for providing online classes. It is also submitted that if any specific instances of inaccessibility to online classes is brought to the notice of the District Educational Officer of the concerned District or such other authorities of the educational department, emergent action would be taken for ensuring access to the digital or such other platform, subject to the lock down restrictions of the Central and the State Governments. 22. We have heard Smt.P.K.Santhamma, Smt.A.K.Preetha, Smt.Jisha.P.C. and Sri.Anoop.V.R. appearing for petitioners and the learned Additional Advocate General Sri.Ranjith Thampan for the State Government and the Officers, and perused the pleadings and documents on record. 23. Even though learned counsel for petitioners admits that steps are taken by the Government to address the issues pointed out by the petitioners, according to them, still there are students who are unable to access the online classes. 23. Even though learned counsel for petitioners admits that steps are taken by the Government to address the issues pointed out by the petitioners, according to them, still there are students who are unable to access the online classes. It is also submitted that the facts and figures pointed out by the State Government in its statements and the instructions imparted by the Educational Officer are not true or correct and the true fact situations are suppressed by the Government. It is also submitted that unless and until the accessibility to the facilities offered is brought to the reach of the students belonging to marginalized sector, the Government would be failing to discharge its duties in accordance with the constitutional mandate contained under Article 21A of the Constitution of India, and the Act, 2009, which was introduced consequent to the objectives delineated in Article 21A of the Constitution of India. 24. On the other hand, the Additional Advocate General submitted that as on today the number of students, who are not accessible to the online classes have reduced to 89, and the Government is taking steps through appropriate agencies and organisations to rectify the said marginal deficiency also at the earliest possible. It is also submitted by the learned Additional Advocate General that if any specific instance or lapse on the part of any authority in extending an online facility to any student is brought to the notice of the government, it will be viewed very seriously, and appropriate action would be taken to provide the facility then and there itself. 25. We have assimilated the rival submissions made across the Bar. The facts and circumstances elaborately dealt with above would make it clear that the petitioners were apprehensive that the students belonging to the socially and educationally backward and the backward classes, who are not having sufficient facilities for accessing electronic classes would be deprived of the same consequent to, the peculiar location of their houses and other infrastructural facilities like road access, absence of net work etc. 26. 26. On a perusal of the orders issued by the State Government, we are satisfied that the State Government have taken sufficient steps for ensuring that all the students irrespective of their social, educational, and economic & financial backgrounds, have access to the online facilities for education from standard 1 to 12, except the 11th standard where, the Government has made a different arrangement. The orders issued by the State Government to various educational authorities, local self Government institutions and other public sector undertakings would show that the Government was taking all earnest efforts to address the shortcomings that are pointed out by the petitioners with the avowed object of ensuring continuous education to the students of all classes. 27. The facts and figures pointed out by the State Government shows that more than 41 lakhs students are undergoing education from classes 1 to 12 except 11th standard and on the survey it was found that a large number of students were not having sufficient facilities to participate in the online classes. However, consequent to the urgent steps, and appropriate action initiated by the State Government, employing its own resources, and that of other agencies, NGOs and public sector undertakings, it was possible for the Government to rectify the defects and shortcomings to a large extent, quite clear and evident from the materials available on record. 28 Anyhow, ultimately when the matter was taken up today, learned Additional Advocate General submitted that except 89 students, sufficient arrangements are made by the State Government for ensuring the participation of all the students in the online classes. In respect of 89 students, the Government realised that some basic infrastructural difficulties are faced to provide them with sufficient electronic gadgets and equipment for participating in the online classes. 29. We are also informed that even in the interior forest areas solar system is installed for ensuring participation of the tribal students in the classes, and many of them are provided with either T.V. or other electronic facilities. It is true that learned counsel for petitioners have disputed the facts and figures pointed out by the Government in their statement, additional statement and the instructions produced today. It is true that learned counsel for petitioners have disputed the facts and figures pointed out by the Government in their statement, additional statement and the instructions produced today. However, petitioners were not able to pin-pointedly specify, as to which of the submissions put forth by the Government with respect to the provisions made to the students in the areas and the colonies specified by the petitioners are not honoured. 30. However, learned Additional Advocate General very fairly submitted that the facts and figures put forth by the educational authorities may have some errors, but if any lapse on the part of the educational or any other responsible authority violative of the government directives is pointed out specifically to the concerned District educational officer, or any other educational authority accessible to the students, that would be addressed with utmost priority, and at the earliest possible time. Even though learned counsel for petitioners submitted that if tribal hostels are opened up electronic facilities can be provided to the students at hostels Learned Additional Advocate General submitted that due to the lockdown restrictions of the Union Government, the tribal hostels are unable to be opened,but other facilities to the maximum extent possible would be arranged by the Government to satisfy the needs of such students also. We Find much force in the said submission. 31. In that view of the matter, we are of the considered opinion that the Government have already taken substantial steps, and is also taking steps to address the issues pointed out by the petitioners, and therefore we are hopeful, that all possible steps would be taken by the Government to alleviate any remaining grievances specifically pointed out by any student, parents, any responsible member of public or any other stakeholders for ensuring that, not even a single student is eliminated from the process of online classes. In this regard we are also conscious of the fact that, Article 21A was introduced into the Constitution of India with the predominant intention of providing free and compulsory education to all children of the age of 6 to 14 years in such a manner as the State may by law, determine. In this regard we are also conscious of the fact that, Article 21A was introduced into the Constitution of India with the predominant intention of providing free and compulsory education to all children of the age of 6 to 14 years in such a manner as the State may by law, determine. It is explicit and convincing from Article 21A that whatever medium of instruction provided by the State Government to the students, from the age of 6 to 14, it shall be provided to all irrespective of their social, educational, financial, economic, political and cultural background. So much so, the fundamental right so extended under Article 21A to the children, clearly encompasses a duty coupled with obligation, on the State Government to ensure education to the children continuously and without any lapses. Even if any adverse situations are prevailing in the community due to the pandemic COVID-19, if the State Government is providing online education, the entire student community in the State are entitled to reap the benefit as of right, to attend such online classes on the basis of the guarantee extended under Article 21A of part 111 of the Constitution of India. We feel it appropriate also, to think that the state has a duty under Article 46 of the constitution of India, dealing with directive principles, to promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the scheduled castes and the scheduled tribes. We feel it appropriate also, to think that the state has a duty under Article 46 of the constitution of India, dealing with directive principles, to promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the scheduled castes and the scheduled tribes. Similarly it shall be the duty of every citizen of India to develop the scientific temper, humanism and the spirit of enquiry and reform; to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement; and who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years as is enshrined in article 51-A of the constitution, dealing with fundamental duties under part 1V-A. Moreover, the Right of Children to Free and Compulsory Education Act, 2009 was introduced by the Government of India with the noble objective of providing free and compulsory education to all children of the age of 6 to 14 years, irrespective of any kind of disabilities faced by them, and the act has come into force on and with effect from 1.4.2010. 32. Some of the provisions of Act, 2009 would be relevant in order to understand its salient features. Clause (d) of section 2 of Act, 2009 defines the expression “child belonging to disadvantaged group” to mean a child with disability or a child belonging to the Scheduled Caste, the Scheduled Tribe, the socially and educationally backward class or such other group having disadvantage owing to social, cultural, economical, geographical, linguistic, gender or such other factor, as may be specified by the appropriate Government, by notification. “Child belonging to weaker section” is defined to mean under section 2(e), as a child belonging to such parent or guardian whose annual income is lower than the minimum limit specified by the appropriate Government, by notification. Even though the Act originally stood did not include a child with disability, later included on and with effect from 1.08.2002 and correspondingly, Sub-section (ee) is introduced into section 2 defining a child with disability as follows; A. A child with “disability” as defined in clause (i) of Section 2 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996). (B). a child, being a person with disability as defined in clause (i) of section 2 of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (44 of 1999). (C) a child with “severe disability” as defined in clause (o) of Section 2 of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (44 of 1999). Appropriate Government is defined under section 2(a) to mean – (i) in relation to a school established, owned or controlled by the Central Government, or the administrator of the Union territory, having no legislature, the Central Government. (ii) in relation to a school, other than the school referred to in subclause (i), established within the territory of - (A) a State, the State Government (B) a Union territory having Legislature, the Government of that Union Territory. 33. Section 3 specifies that, every child of the age of six to fourteen years as defined under the provisions of the Act, 2009 shall have the right to free and compulsory education in a neighbourhood school till the completion of his or her elementary education. Other protective measures are also provided there under. Sections 8 and 9 delineates the duties of appropriate Government, and local authority which are of utmost relevance to the context : 8. Duties of appropriate Government :- The appropriate Government shall-- (a) provide free and compulsory elementary education to every child: Provided that where a child is admitted by his or her parents or guardian, as the case may be, in a school other than a school established, owned, controlled or substantially financed by funds provided directly or indirectly by the appropriate Government or a local authority, such child or his or her parents or guardian, as the case may be, shall not be entitled to make a claim for reimbursement of expenditure incurred on elementary education of the child in such other school. Explanation - The term 'compulsory education’ means obligation the appropriate Government to – (i) provide free elementary education to every child of the age of six to fourteen years; and (ii) ensure compulsory admission, attendance and completion of elementary education by every child of the age of six to fourteen years (b) ensure availability of a neighbourhood school as specified in Section 6; (c) ensure that the child belonging to weaker section and the child belonging to disadvantaged group are not discriminated against and prevented from pursuing and completing elementary education on any grounds; (d) provide infrastructure including school building, teaching staff and learning equipment. (e) provide special training facility specified in Section 4; (f) ensure and monitor admission, attendance and completion of elementary education by every child; (g) ensure good quality elementary education conforming to the standards and norms specified in the Schedule; (h) ensure timely prescribing of curriculum and courses of study for elementary education; and (i) provide training facility for teachers. “9. (e) provide special training facility specified in Section 4; (f) ensure and monitor admission, attendance and completion of elementary education by every child; (g) ensure good quality elementary education conforming to the standards and norms specified in the Schedule; (h) ensure timely prescribing of curriculum and courses of study for elementary education; and (i) provide training facility for teachers. “9. Duties of local authority.—Every local authority shall— (a) provide free and compulsory elementary education to every child : Provided that where a child is admitted by his or her parents or guardian, as the case may be, in a school other than a school established, owned, controlled or substantially financed by funds provided directly or indirectly by the appropriate Government or a local authority, such child or his or her parents or guardian, as the case may be, shall not be entitled to make a claim for reimbursement of expenditure incurred on elementary education of the child in such other school; (b) ensure availability of a neighbourhood school as specified in section 6; (c) ensure that the child belonging to weaker section and the child belonging to disadvantaged group are not discriminated against and prevented from pursuing and completing elementary education on any grounds; (d) maintain records of children up to the age of fourteen years residing within its jurisdiction, in such manner as may be prescribed; (e) ensure and monitor admission, attendance and completion of elementary education by every child residing within its jurisdiction; (f) provide infrastructure including school building, teaching staff and learning material; (g) provide special training facility specified in section 4; (h) ensure good quality elementary education conforming to the standards and norms specified in the Schedule; (i) ensure timely prescribing of curriculum and courses of study for elementary education; (j) provide training facility for teachers; (k) ensure admission of children of migrant families; (l) monitor functioning of schools within its jurisdiction; and (m) decide the academic calendar.” 34. Among other peremptory requirements, Clauses (d) and (f) of sections 8 and 9 respectively clearly specify that all infrastructure facilities shall be provided to every child including school building, teaching staff and learning equipment. Similarly section 8(f) prescribes ensuring and monitoring admission, attendance and completion of elementary education by every child. 35. Among other peremptory requirements, Clauses (d) and (f) of sections 8 and 9 respectively clearly specify that all infrastructure facilities shall be provided to every child including school building, teaching staff and learning equipment. Similarly section 8(f) prescribes ensuring and monitoring admission, attendance and completion of elementary education by every child. 35. On a harmonious construction of the provisions of the Constitution of India, and the other laws discussed above, we have no second thought in our mind, to hold that, every duty and responsibility is shouldered on the State Government and local authority, to ensure, necessary learning materials to the children irrespective of their social, educational, cultural and other backgrounds, and all other necessary infrastructure for completing their elementary education. 36. Duties so cast upon the Government and local authority cannot be brushed aside lightly. Converging so, we are of the view that adequate steps are to be taken by the State Government for ensuring that, not even a single child is deprived of the guarantee extended under the Constitution of India coupled with a duty and obligation of the State and the citizens, and the mandates contained under Act, for ensuring education and welfare of the children. Moreover, the parents and guardian are also imposed with a duty under section 10 of Act, 2009 to undertake a duty to admit or cause to be admitted his or her child or ward, as the case may be, to an elementary education in the neighbourhood school. Before we part with the judgment, it is only appropriate that excerpts from the judgment of the Apex Court in Sheela Barse v. Secretary, Children's AID Society [ (1987) 3 SCC 50 ] is discussed, wherein the Apex Court has held that children are the citizens of the future era and only on the proper bringing up of children and giving them the proper training to turn out to be good citizens depends the future of the country. Further it was observed thereunder that gerontocracy in silence manner indicated that like a young plant a child takes roots in the environment where it is placed and howsoever good the breed be if the sapling is placed in a wrong setting or an unwarranted place, there would not be desired growth and same is the situation with the human child. After observing so it was held that it is the obligation of every generation to bring up children who will be citizens of tomorrow in a proper way and today's children will be the leaders of tomorrow who will hold the country's banner high and maintain the prestige of the nation. 37. Be that as it may, taking note of the situations and the facts and circumstances of the case at hand, we are of the considered opinion that the State Government have taken adequate steps at present to safeguard the interests of the students. But, the State Government shall also be watchful and make necessary enquiries to understand the true fact situations in order to translate the true intentions of Article 21A of the Constitution of India and the provisions of Act, 2009. Accordingly the State Government is also directed to make periodical inspections and verifications throughout the State so as to be assured of every child participating in the online education process. The writ petitions are disposed of with the above observations and directions.