Gauhati HC: Ensure 25% of private school seats for nearby students from weaker section

STAFF REPORTER

GUWAHATI: A division bench of the Gauhati High Court has asked the Assam Government to ensure 25 percent of the seats in private schools for the students belonging to weaker sections who reside in the nearby areas of such schools.

The Court issues this order under the Right of Children to Free and Compulsory Education Act, 2009, and the Right of Children to Free and Compulsory Education Rules, 2010, as framed by the Government of India.

The division bench, which comprises Justice Achintya Malla Bujor Baruah and Justice Robin Phukan, heard the PIL (24/2023) filed by Debargha Roy. The petitioner sought a direction to the authorities in the Government of Assam to ensure proper compliance and implementation of the requirement of Section 12(1)(c) of the Right of Children to Free and Compulsory Education Act, 2009, providing for education to the extent of at least 25 percent of the strength of a class for children belonging to weaker sections and disadvantaged groups in the neighbourhood of the school and providing free and compulsory elementary education till its completion.

The Court said that "there is a requirement to implement the policy and guidelines provided in the office memorandum dated September 2, 2021 as regards the admission benefits in the unaided, non-minority institutions as provided under Section 12(1)(c) of the Act of 2009. We accordingly direct the respondent authorities to do the needful as may be required to implement the policy and guidelines contained in the office memorandum dated September 2, 2021, so that the benefits provided therein are made available to the children belonging to the weaker section and disadvantaged group by availing the benefits of free and compulsory elementary education till its completion, for the academic year 2023–24. Similar directions would also remain for all subsequent academic years. As there is a specific requirement under Clause 3 of Part B of the office memorandum dated September 2, 2021, for announcing the admission under Section 12(1)(c) of the Act of 2009 through websites, regional newspapers, and reliable media to be made by the State Education Department, as well as the requirement of issuing notice by the State Education Department and the schools concerned announcing the admission under Section 12(1)(c) of the Act of 2009 on or before March 17, 2023, for the purpose of the academic year 2023–24. We also direct the Elementary Education Department of the Government of Assam, through its Secretary, to do the needful for officially announcing the issuance of admission forms under Section 12(1)(c) through websites, regional newspapers, and reliable media on or before March 14, 2023, as well as to issue the notice by the Elementary Education Department announcing the admission under Section 12(1)(c) also on or before March 14, 2023, and further direct the Elementary Education Department to do the needful to ensure that the respective unaided, non-minority schools are also made to issue the said notice on or before March 15, 2023."

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