Gauhati High Court seeks reports on RTE Act section implementation

Staff Reporter

GUWAHATI: The Gauhati High Court directed 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, to individually file their affidavits on the implementation of Section 12(1)(C) of the RTE Act in each of the districts of Assam including respective reports from each of the District Elementary Education Officers as well as the Inspector of Schools, on the next date fixed.

The two-judge bench of Justice Manash Ranjan Pathak and Justice Budi Habung perused the submission placed before the court in connection with a case (PIL/30/2023) by R. Mazumdar, standing counsel of the Department of School Education.  Mazumdar placed two communications before the Court, one from the Director of Elementary Education, Assam, dated February 7, 2024, and the other from the Director of Secondary Education, Assam, dated February 27, 2024.

After examining the submission, that bench observed that both the directors had 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 Hasao under their jurisdiction, to take proper steps for successful implementation of Section 12(1)(C) of the Right to Education Act, 2009.

Section 12(1)(c) of the RTE Act, 2009, entrusts the private, unaided schools with the responsibility of providing free and compulsory education to children from weaker and disadvantaged sections by admitting at least one-fourth of the total strength of class I or pre-school education.

After going through the submission, the court ordered that, 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, individually file their affidavits in the matter. The affidavits should state the implementation of Section 12(1)(C) of the RTE Act in each of the districts of Assam, with respective reports from each of the District Elementary Education Officers as well as the Inspector of Schools, it was stated.

Moreover, the bench said that as the next academic sessions of both the elementary as well as secondary schools in the State of Assam are going to start on April 1, 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, are to apprise the Court about the website or portal as required under Section 12(1)(C) of the RTE, Act, 2009.

The HC directed the PIL case to be listed next on April 2, 2024.

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