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alleged inadequate governmental ac on to address the
educa onal gap, par cularly in remote areas without
Internet access.
In response to the Commission's direc ons, the Under
Secretary of the Department of School Educa on and
Literacy, Government of India, provided requisite reports
in the ma er. Notably, the Commission undertook various
measures related to educa on during the pandemic. It
acknowledged the excep onal challenges posed by the
pandemic and issued advisories to safeguard Par cularly
Vulnerable Tribal Groups (PVTGs) during this period.
Addi onally, the Commission organised a webinar tled
'Effect of Virtual Educa on on School Children', engaging
experts, officials, civil society members, and stakeholders
to discuss the implica ons of virtual educa on. The
Commission shared the recommenda ons and proceedings from these ini a ves with ministries and agencies,
including Educa on, Women and Child Development,
Home Affairs, Electronics and IT, NCERT, and NITI Aayog.
These en es were tasked with implemen ng the
recommenda ons and providing ac on taken reports.
In response, the Ministry of Educa on submi ed an
Ac on Taken Report (ATR), addressing the Commission's
recommenda ons. A er thorough review, the Commission, on 10 June 2021, directed the case file's transfer to
its Research Division. The aim was to analyse the report
and formulate advisory guidelines, ensuring the Right to
Educa on for children, in collabora on with the
Commission's Core Group on Children.
Upon examining the Ministry of Educa on's report, the
Commission concluded that the Government of India had
adopted several measures based on its recommendaons, aiming for comprehensive child development and
bridging the digital divide. These measures focused on
enhancing teachers' and ins tu ons' capabili es to
deliver quality educa on through technological advancements. Importantly, the Commission stressed that the
Right to Educa on, now a Fundamental Right under
Ar cle 21A, was intrinsically linked to the right to life.
Thus, the State's obliga on to provide thorough, highquality educa on was paramount, driven by technological progress.
Ci ng the UDHR, the Commission underscored educaon's role in promo ng human rights and enhancing
knowledge and skills. Given India's involvement in
Chapter 7 - Thematic Areas
crea ng and ra fying the UDHR, the implementa on of
Ar cle 26, concerning the right to educa on, was
impera ve. The Commission emphasised that cons tuonal rights aligned with human rights should guarantee
educa on for all. The Supreme Court's perspec ve in the
State of Tamil Nadu vs. K. Shyamsundar (2011) 8 SCC 737
case was cited, asser ng that the right to educa on
(Ar cle 21A) should align with Ar cles 14 and 15 of the
Cons tu on, ensuring equality in educa on quality. This
encompassed not only free and compulsory educa on
but also high-quality educa on, regardless of socioeconomic backgrounds.
Guided by these considera ons, the Commission
advocated for a uniform educa on system that eliminated
dispari es and discriminatory a tudes, fostering an
egalitarian society. Such an approach would upli values,
improve human life quality, and embody cons tu onal
principles, regardless of factors such as caste, culture,
religion, and gender. Consequently, the Commission
urged all State Governments and Union Territories to
implement the guidelines from advisories and steps taken
by the Union Government. These measures aimed to
ensure consistent, high-quality educa on for students
across the na on, bridging societal gaps. The Union
Government was also encouraged to be prepared to
maintain educa on quality during crises like the COVID19 pandemic.
In conclusion, the Commission recommended proac ve
measures by the Secretary of the Ministry of Educa on,
Government of India, and Chief Secretaries of States and
Union Territories. These measures were crucial to ensure
educa on's delivery in both digital and physical formats,
par cularly in rural areas. To eliminate the digital divide,
collec ve efforts were needed to achieve universal
educa on, encompassing underprivileged and marginalised children, fostering an enlightened society. With these
observa ons, the case was concluded on 27 March 2023.
2.) Non-payment of the staff salaries and harassment
of students
Case No: 966/25/8/2020
The complainants/ vic ms are the Students of Saroj
Mohan Ins tute of Technology, Degree Division,
Gup para, Hoogly, West Bengal and they were intending
to draw the a en on over the miserable condi on
prevailing in their ins tu on. The college management
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