Mechanism of PIL to be used to strengthen system rather than blame someone: SC

There are ''problems everywhere'' and the mechanism of public interest litigation (PIL) has to be used to strengthen the system rather than to blame someone, the Supreme Court said on Wednesday while stressing the need to look for solutions.

The apex court observed that finding fault with the system is the ''order of the day'' but rather than discussing problems and blaming the system, one has to look for solutions to these problems.

''There are problems everywhere. We should recognize that. We have to use PIL mechanism only to strengthen the system, not to blame someone,'' said a bench headed by Justice A M Khanwilkar, which was hearing a matter related to the appointment of duly qualified special teachers to impart quality training and education to children with disability.

The top court told advocate Shoeb Alam, who was appearing for the petitioner, that it has taken note of the enormity of the problem raised in the matter and it has to see how the infrastructure can be improved and ask the concerned authorities to ensure that measures provided in the relevant laws and rules are implemented properly. ''There are so many problems everywhere. Why talk about institutions. Even our system, everyone is talking about. We are not moving the way we should be. The 'rule of law' is only an expression in the Constitution if the courts are not working, if courts are not dispensing justice within the reasonable time frame,'' said the bench, also comprising justices Dinesh Maheshwari and C T Ravikumar.

''Look at the Allahabad High Court situation, we should not be saying that but I have been hearing when I was practicing, 20 years it takes for criminal appeals of life and death,'' Justice Khanwilkar observed.

When the lawyer said the situation has not changed even now, the bench said it is not improving.

''Rather than only discussing problems, we have to look for solutions,'' the bench said.

The observations by the bench came when Alam was arguing that there are data to show how special teachers are leaving schools because of the conditions. The apex court said there is the problem of resources with the authorities and enough personnel is not available to be employed as special educators. It said the issue is of finding a solution to the problem.

The bench was hearing a matter which has raised the issue of the obligation of schools, including of the concerned state government, to ensure the appointment of qualified specialist teachers to impart quality training to children with disabilities in the ratio enunciated in central enactments as also the government schemes.