Act Against Schools Not Reserving 25% Seats for Poor Kids under RTE: Gauhati HC

The Gauhati High Court recently ordered strict action against unaided, non-minority educational institutions which do not comply with the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act), ordering the Assam government to ensure effective implementation.

The Elementary Education Department had issued detailed guidelines via an office memorandum dated September 2, 2021, to provide for education to the extent of at least 25% of the strength of a class for children belonging to weaker sections and disadvantaged groups in the neighborhood of schools.

However, Debargha Roy moved a Public Interest Litigation (PIL) alleging that in a number of unaided, non-minority institutions, the guidelines have not been duly complied with.

The petitioner sought direction to the authorities in the Government of Assam to ensure proper compliance and implementation of the requirement of Section 12(1)(c) of the RTE Act.

Moreover, the petitioner alleged that for the purpose of implementation of the said guidelines, in April and May last year, representations were also made to the Director of Elementary Education, Assam, to no avail.

He further asserted that as per the guidelines, the State Education Department as well as the respective schools have to officially announce the issuance of admission forms through websites, regional newspapers and reliable media before March 17, but the notice had not yet been issued.

The Court took note of the grievances raised in the plea and opined that there is indeed a requirement to implement the guidelines.

Accordingly, the court directed the respondent authorities to do the needful.

“…so that the benefits provided therein are made available to the children belonging to the weaker section and disadvantaged group by availing the benefits of free and compulsory elementary education till its completion, for the academic year 2023-24,” the Court stated, while adding that “similar direction would also remain for all such subsequent academic years”.

The Court also directed the Elementary Education Department of the Government of Assam through its Secretary to do the needful for officially announcing the issuance of admission forms under Section 12(1)(c) on or before March 14, 2023, and the respective unaided, non-minority schools to make such an announcement on or before March 15, 2023.

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