Srinagar, Mar 02: The High Court of Jammu & Kashmir and Ladakh directed the government to “positively” file a status report indicating the steps undertaken for the implementation of the Rights of Children to Free and Compulsory Education (RTE) Act, 2009 with particular reference to aided and unaided schools.
A division bench comprising justices Rajnesh Oswal and Mohan Lal directed the government to file a status report with regard to the steps undertaken for implementation of the RTE, Act 2009 positively by April 5 with particular reference to the schools as defined under Section 2(n)(ii) and 2(n)(iv) (aided and unaided private schools) of the Act of 2009.
The court passed the directions in a Public Interest Litigation (PIL) filed by an NGO, Young Lawyers Forum (YLF) Kashmir through counsel Huzaif Ashraf Khanpori seeking expeditious implementation of the Right to Education Act in letter and spirit.
Khanpori submitted before the court that it has been more than three years since the Act of 2009 has become applicable to the Union Territory of J&K which had given hopes to children from marginalized and poor sections of the society to get education in private schools, “which is otherwise unaffordable and unimaginable to them.”
He contended that even after an interlude of almost three years, the Act is yet to be implemented by the schools of J&K due to the “callous attitude’ of the government depriving the financially backward students from their statutory right of receiving free and compulsory education under the Act and other rights enshrined therein.
The counsel highlighted before the court that the non-implementation of the mandatory reservation provided under Section 12(1)(b) & 12(1)(c) of the RTE Act is a continuing violation of the fundamental right to free and compulsory education under Article 21A available to the large section of children belonging to weaker and disadvantaged sections apart from violating the Statutory mandate under the RTE Act.
In a previous hearing, the court had asked the government to inform if rules under the Right of Children to Free and Compulsory Education Act, 2009, had been notified in J&K
The court also sought to know the timeframe within which the government intends to notify the rules.
“One of the issues raised in this PIL is regarding framing and notifying of the rules under the Right of Children to Free and Compulsory Education Act, 2009,” the court had said.
The PIL seeks to implement the provisions of the Right of Children to Free and Compulsory Education Act 2009 in general and Sections 12 (1) (b), 12 (1) (c), and Section 13 in particular. These sections provide free and compulsory elementary education for children.
It also sought a direction to the government to file a status report disclosing a list of aided and unaided private schools in J&K, the form and amount of aid provided to the aided private schools, year-wise details of the proportion of children provided free education in the schools since the enforcement of the Act.
The Forum had also prayed for directions to the government to expeditiously notify the rules under the Right of Children to Free and Compulsory Education Act, 2009.
