[RTE Act] Telangana HC Calls For State's Response On Plea Seeking Mandatory 25% Admission Quota In Schools For Children From Weaker Sections

A public interest litigation has been initiated in the Telangana High Court seeking implementation of section 12(c) of the Right of Children to Free and Compulsory Education (RTE) Act, 2009 which prescribes a mandatory 25% admission to children of weaker sections, in all schools, by providing free and compulsory elementary education up till class 1.

The petitioner additionally prayed to withdraw the recognition of any schools, including private schools, which were not implementing the said section of the RTE Act.

On an earlier date, the Division Bench hearing the matter had questioned the petitioner as to why the private schools were not made party against whom the relief was sought. The petitioner sought an adjournment, to get answers to the questions posed by the bench, but on the next date of hearing sought time again.

The Division Bench of Chief Justice Alok Aradhe and Justice Anil Kumar Jukanti vexed that substantial time had already been granted, and noted:

“This petition has been filed as public interest litigation, the cognizance of which is taken by this Court. This Court is required to adjudicate the issue involved in this writ petition.”

The Court appointed Senior Counsel Sunil B. Ganu as Amicus in the matter to assist the Court.

At the previous hearing, the Senior Counsel shed clarity on the case at hand. Firstly, he stated that the Right to Education Act was a Central Act, that was upheld by the Supreme Court in 2012 and upheld by a Constitutional Bench of the Supreme Court, again in 2014. Thus, it was stated that the Act had to be followed and could not be challenged.

Secondly, it was stated that the petitioner sought to implement the Education Act in all schools, including private schools, as section 2(n) defines 'school' to mean “any recognized school imparting elementary education” that includes aided schools, un-aided schools, government-run schools and even school that come under a special category.

Thirdly, it was clarified that the petitioner was not seeking an order against the private schools, but against the government for the non-implementation of a Central legislature, upheld by the Supreme Court. The senior counsel clarified that this is why, the petitioner sought from the State to withdraw the recognition of any school for non-implementation of the Act.

“Schools need to annually, renew their certificate of verification. A column can be maintained by the Government to keep track of whether a school is implementing the provisions of the Act or not,” he stated that it was not of concern under which category a school falls, but whether the Government was implementing the Act or not.

It was stated that as per the RTE Act, the State Government is supposed to bear the expenses for education and get a reimbursement from the Central Government.

The Advocate appearing on behalf of the Central Government stated that the Centre was ready to reimburse the State for the education expenses. It was further informed that the RTE Act is being implemented in many states and Telangana is one of the few States where it is not being implemented.

The Special Government Pleader appearing on behalf of the State sought time to seek instructions. Thus, the matter was adjourned for two weeks.

The Bench placed on record their appreciation for the unwavering assistance provided by the Amicus in furthering the cause of branching the gap between education and children.

“We place on record our appreciation for the able assistance rendered to us by the learned Amicus. List after two weeks.”

W.P(PIL).No.38 of 2020

Amicus: Sunil B.Ganu, Senior Counsel.

Counsel for petitioner: N. Mansa

Counsel for respondents: S. Rahul Reddy, Special Government Pleader for State.

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