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In this present case of Dr Johny Cyriac vs The Ministry of Human Resource the issue which was nrought before the court was regarding the weight of the school bags which they carry everyday. The petition was filed by a man of a good spirit who is also a Doctor by profession Dr Johny Cyriac, who produced the report of Ntional Institute for Biotechnology Information which is also available on the internet whicch proved scientific facts regarding the adverse effects of students carrying such a heavy weight on their shoulders. It was observed by the court it has been proven initially that student carrying weights suc as 10 kgs to 30 kgs have found with adverse effect on their body growth and physical appearance as a whole. Students in their growin age have had to face various physical diseases such as twisting back bone joints, posture changes, back strain, back apin etc. considering this issue Delhi HC had already passed the order to all the CBSE and state board schools irrespective of Governement or Private to come up with a policy that students do not have to carry weights more than 10% of their body weight. It was also observed by the court that initially news reports came which says that State of Telangana and Maharastra have come up with rules regarding the weight of school bags which students carry. This petition was filed so that Central Government and State Government can be directed by the court to to ensure that the order is strictly being followed.
It was further contended by the other respondent that already as per the orders which were passed by Kerala State Human rights Commision dated 5/08/2016, the notice regarding reducing the weight of school bags was circulated in the state. Also , Smt. Shreekala K. L. learned counsel appearing for Ministry of HRD, learned Government counsel Shri. Nirmal S. appearing for CBSE, and Government pleader Shri Tek Chand Appearing for Secretary, General Education Department and Director of Public Administration further persuaded with a plea. It was further summited by the respondent authorities that valid notices have already been issued by stae of Telangana and Maharastra have also circulated the notice regarding this matter in which clear directions for the wieght of school bags and for parents to be aware of the physical condition of their ward was mentioned. Moreover, guidelines for teachers in schools to come up with better timetable for students were also metined in circulars issued. But the grievance of petitioner was though such circulars have been issued and respondent is summiting the same before the court no as such any strict measure was initiated on the ground level, which is why their is tremendous need of emphasising this ordwer has arisen.
Therefore it was thus held by the Court while allowing the writ petition that CBSE and Central Govvernment and State Governments and other educational Institutions should see if the order issued in the interest of te matter which the pettitioner has brought befor the court is being implemented, by the letter and by its spirit. Also, Court directed the Authorities to have inspection time to time with or without notice to find descrepancies if any in the persuance of the order.
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