New Delhi, Nov 8 The Supreme Court on Friday declined to entertain a public interest litigation (PIL) seeking a direction for the appointment of a 'Yoga Mitra' in all schools across the country.
"We cannot direct the government to appoint ‘Yoga Mitra’ in all schools. These are matters of policy. There is no doubt about the fact that yoga contributes to all-round development. The question is can the court direct the government to appoint ‘Yoga Mitra’ in all schools? That’s not our function and that’s for the government to do," a bench, headed by CJI D.Y. Chandrachud, said.
When the Bench, also comprising Justices J.B. Pardiwala and Manoj Misra, proceeded to dictate a dismissal order, the PIL litigant sought liberty to withdraw the petition.
Ultimately, the PIL was dismissed as withdrawn.
The PIL, filed by advocate Ashwini Kumar Upadhyay, said that the appointment of ‘Yoga Mitra’ in all schools will be beneficial for the overall development of children of 6-14 years but will also enhance their knowledge, potentiality and talent.
"Right to Health guaranteed under Article 21 and Right to Education guaranteed under Article 21A are not only supplementary and complementary to each other but also the most important fundamental right as other rights are meaningless without it. Right to health includes prevention-protection of health and is a minimum requirement to enable children to live with dignity," it said, adding that the state governments have not only a constitutional obligation to appoint ‘Yoga Mitra’ in schools but also to ensure the creation and sustaining of conditions congenial to good health.
"Article 21 read with Articles 39 and 47, casts the duty on the State to take appropriate steps to improve the health of the citizens, particularly children and provide the necessary information, instruction, training and supervision in this regard,” the PIL contended. It stressed that it is the duty of the state governments to appoint ‘Yoga Mitra’ in schools in the spirit of Section 29 of the Right of Children to Free and Compulsory Education (RTE) Act read with Articles 21, 21A, 39 and 47 of the Constitution.
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