Allahabad High Court directs the State to frame policy on Funding of Un-aided Private Schools under RTE Act [Read Judgment]

In a significant decision, the Allahabad High court, in the matter of delay in Funding of private unaided schools, has directed the State Government to frame its policy regarding funding of unaided private schools falling under the Right to Education Act.

The order was passed by a Single Judge Justice Manoj Kumar Gupta, on petition filed by the Gram Vikas Sewa Samiti.

Hearing the petition, the court said: “This petition is disposed of with a direction to the second respondent (state government) to frame the policy in relation to grant-in-aid to unaided institutions in the light of the Constitutional mandate and Article 21-A and the provisions of the Right of Children to Free and Compulsory Education Act, 2009, preferably within a period of three months.”

The Court while reiterating the decision of  Paripurna Nand Tripathi and another v. State of U.P. and others, held that ‘in the State of Uttar Pradesh, the large majority of children of the said age group come from the marginalized sections of the society. Most of the institutions providing primary and basic education are situated in rural and semi-urban areas. To provide quality education it is necessary that trained and competent teachers are appointed and necessary infrastructure is also made available to such institutions. The teachers in private unaided institutions are working in pitiable conditions. No good teacher would like to work in such institutions. Thus, the students will be deprived of quality education.’ 

The petitioners argued that as per the orders of Supreme Court, the policy in this regard should already have been framed by the state government. When the court asked the state, it submitted that there was no such policy in place.

This decision is a significant decision on the context that, as per Article 21-A and RTE Act, it is the responsibility of the state and the Centre to ensure that institutions which help to fulfil its objective of providing free and compulsory education of children aged between six-14 years , are funded as per proper policy.

Read the Judgment here.