RTE Act| State Not Bound To Provide Free Text Books, Uniforms To All 6th-8th Class Private School Students: Allahabad HC

The bench of Justice Devendra Kumar Upadhyaya and Justice Subhash Vidyarthi however added that the state and local authorities do have a duty to provide free textbooks and uniforms each year only to such students who are admitted in terms of the provisions of Section 12(1)(c) of the RTE Act, 2009.

It may be noted that the abovementioned provision mandates that 25% of seats in Class I in all private unaided schools following ICSE/CBSE/State syllabus would be allocated to children from disadvantaged groups and weaker sections.

“It is true that (Rule 5 of the Uttar Pradesh Right of Children to Free and Compulsory Education Rules, 2011) cast a duty upon the State Government and the local authority to provide free text books and uniform to certain class of students studying in such institutions, however, in our opinion the said provisions does not cover all the students admitted in unaided recommended junior high schools being managed by the private management.”

The observation was made by the bench while dealing with a Public Interest Litigation (PIL) plea filed by an association known as Uttar Pradesh Senior Basic Shiksha Mahasabha Uttar Pradesh.

Essentially, the petitioner association prayed for a direction to the State-respondents to facilitate the claim of providing free textbooks and uniforms to all the students studying in classes 6 to 8 in non-aided recognized junior high schools who are recognized by the Basic Education Board, Prayagraj, Uttar Pradesh.

However, having perused the relevant provisions of Rules 2011 as also the provisions contained in the Right of Children to Free and Compulsory Education Act, 2009, the Court observed thus:

“…the duty upon the State and local authority is cast to provide free text books and uniform each year only to the to the students who are admitted in terms of the provisions of Section 12(1)(c) of the Act i.e. the students admitted up to 25% of the total strength from amongst weaker and disadvantaged sections of the society. It is thus clear that such facility has been made available to only such students.”

In view of the aforesaid, the writ petition being misconceived was dismissed.

Appearances

Counsel for Petitioner: Piyush Mishra, Shaktipal Rajpal

Counsel for Respondent: C.S.C.,Sarvesh Kumar Dubey

Case title - U.P. Sr.Basic Shiksha Mahasha.U.P.Officer Shri N.P.M.Vidy.Raebareli Thru. President Ankur Chaudhari vs. State Of U.P. Thru. Addl. Chief/Prin. Secy. Basic Education U.P. Civil Secrt. Lko. And Others [PUBLIC INTEREST LITIGATION (PIL) No. - 178 of 2023]

Case Citation: 2023 LiveLaw (AB) 88

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