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A Writ Petition was Filed by Popular Front Society seeking order or direction to the respondent to release the time table and procedure for the admission under Right to Education Act,2009 for the academic year of 2020- 2021 and to widely submit the same in public domain(Popular Front of India v. The Chief Secretary to Government and Ors).
The Petitioner contended that the admission process under RTE scheme generally starts by 2nd April of every year and same completed on May 29 of every year.
On the pretext of Covid-19, there is a undue delay in initiating the admission process for the academic yea 2020 – 2021 by the Respondents, which has put the eligible children and their parents into dilemma and severe hardship as there is no circular or press release by the respondents clarifying the scheme.
Resultantly, despite their economically weak position, the parents are constrained to look for enrolling their children in private schools under general quota. As the private schools have already started conducting their classes through online. As such, any further delay would defeat the interest and welfare of under privileged children and the objective of the Act.
It is pertinent to state that that the Article 21-A of the Constitution of India enshrined right to free education to children belonging to the age group of 6 to 14 years. In view of enforcing the aforesaid cherished right of free and compulsory education. The RTE Act was enacted and brought into force. Under the aforesaid Act, a Minimum of 25% seats should be reserved under RTE Quota for students belonging to disadvantaged group/weaker section for admission in LKG and 1st Standard in private non-minority aided schools.
The Petitioner made clear that the Respondents have neither issued any notification nor made any clarification with regard to implementation of the RTE scheme in Tamil Nadu for the present academic year 2020 – 2021, even though the lockdown rules were relaxed and the normalcy has been slowly restored through social distancing. It is relevant to point out that many other States which are similarly affected with COVID-2019 has commenced their admission process under RTE Act, despite all their hurdles.
Calling the act and inaction of Respondent a 'blatant denial' of Fundamental Rights of eligible Children guaranteed under Article 21- A of the Constitution and failure to exercise statutory duty mandated under the RTE Act.
The Petitioner through Writ Petition of Mandamus or any other appropriate writ prayed to direct government to publish the schedule within a fixed time frame.
The bench of Justice M M Sundresh and R Hemlata, Madras High Court, issued notice upon the State Government to release time table and procedure for admission for the academic year of 2020- 2021.
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