Gauhati High Court Asks Assam Education Secretary To Furnish Affidavit On Implementation Of RTE Act In Private Schools Of Each District

The Gauhati High Court has recently asked the Assam Government to file affidavits stating the implementation of Section 12(1)(C) of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) in each of the districts of Assam.

The Court was hearing a PIL regarding non-implementation of Section 12(1)(c) of the RTE Act in the State. It was contended that the State Government 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 who have been impleaded as party respondents in the PIL, have refused to admit the children in the current academic session.

The Standing Counsel for the Department of Education placed on record two communications, one from the Director of Elementary Education, Assam dated February 07, 2024 and the other from the Director of Secondary Education, Assam dated February 27, 2024, wherein both the Directors informed the District Elementary Education Officers as well as the Inspector of Schools of all the districts of Assam including the 6th Schedule districts of Karbi Anglong and Dima Hassao under their jurisdiction to do the needful for successful implementation of Section 12(1)(C) of the RTE Act.

The division bench of Justice Manash Ranjan Pathak and Justice Budi Habung observed:

“On the next date fixed, the Secretary to the Government of Assam in the Education Department, the Director of Elementary Education, Assam as well as the Director of Secondary Education, Assam shall individually file their affidavits in the matter, stating the implementation of Section 12(1)(C) of the RTE Act in each of the districts of Assam and with respective reports from each of the District Elementary Education Officers as well as the Inspector of Schools.”

The Court further noted that as the next academic sessions of both the elementary as well as secondary schools in the State of Assam is going to start from April 01, 2024, the Secretary to the Government of Assam in the Education Department, the Director of Elementary Education, Assam as well as the Director of Secondary Education, in their respective affidavits shall also apprise the Court about the website/portal as required under Section 12(1)(C) of the RTE Act.

The matter is again listed on April 02, 2024.

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

Case No.: PIL/30/2023

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