Right To Education: Gauhati High Court Asks Secretary School Education To Ensure Admission Of Students Under EWS Quota Or Remain Present On May 24

The Gauhati High Court on Wednesday directed the Secretary, Department of School Education, to ensure that the 49 children, whose applications are pending under Right of Children to Free and Compulsory Education Act, 2009, across various schools in Assam, be provided admission as per the mandate of the law.

The division bench comprising Chief Justice Sandeep Mehta and Justice Mitali Thakuria further said that in case the direction is not complied with, the Secretary, Department of School Education, shall remain present in the court on the next date of listing, which is May 24.

The directions were passed by the High Court in a PIL on the issue of non-implementation of Section 12(1)(c) of the RTE Act in the various schools of Assam.

The petitioners in the PIL stated that the State has already issued requisite notifications mandating all the un-aided educational institutions to ensure strict compliance of the mandate of Section 12(1)(c) of the RTE Act, yet, many of these institutions have refused to admit the children in the current academic session.

Section 12(1)(c) of the RTE Act mandates that private unaided schools shall admit in class I, to the extent of at least 25 percent of the strength of that class, children belonging to weaker section and disadvantaged group in the neighbourhood and provide free and compulsory elementary education till its completion.

The court on April 12 issued notice to the State and private respondents and further directed the Secretary to the Government of Assam, Education (Elementary) Department to look into the matter and ensure that the children, whose names were provided in the list, are immediately provided admissions into the schools concerned.

However, on May 17, the petitioner submitted that out of the 49 children, whose names were set out in the list, only 15 have been provided admissions under the RTE Act.

It was alleged that one of the schools has been even exerting pressure on the parents of the children to sign blank undertakings. It was further alleged that two other schools are charging fees from the children, who have been admitted under the RTE Act.

The court directed the petitioners to bring the above-mentioned facts on record through an affidavit.

Case Title: We for Guwahati Foundation & 2 Ors. v. The State of Assam & 23 Ors.

Coram: The Chief Justice Sandeep Mehta and Justice Mitali Thakuria

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