The Gauhati High Court on Wednesday asked for the response from the State Government of Assam in a plea requesting for effective implementation of Section 12(1) (c) of the Right to Education Act, 2009 in which it is mentioned that at least 25% of elementary level schools seats must be reserved for children belonging to weaker sections.
A Division bench of Acting Chief Justice N. Kotiswar Singh and Justice Manish Choudhury asked the State Government to submit an affidavit, in which it will explain the mode of implementation of the Right to Education Act.
The bench observed- “We understand this is an essential responsibility for the State Government to make sure about the proper implementation of the provision of the Act by the school concerned.
The State Government have to inform this Court about how they will proceed with in order to implement the Act efficiently so that the constitutional mandate provision to provide free education as given in the said act is properly complied.”
The order was made regarding the PIL filed before the court by a second year law student, Debargha Roy, who requested for the specific direction given to the State to make sure proper implementation of the Section 12(1) (c) of the Right to Education Act.
He mentioned that although the State has issued the notification on 4.03.2013 for the compliance of the provisions of the said Act, still there is no proper implementation of the notification.
His plea says- “The improper and no implementation of the compulsory reservation given under Section 12(1) (c) of the RTE Act is continuous violation of the fundamental right to access free and compulsory education as given under Article 21A which is for the large section of children who belongs to the weaker and under privileged sections in Kamrup (Metro) district and apart from it the violation of Parliamentary mode under the RTE Act and the Rules given there under.”
He informed the Court that in 2014, the State Level Monitoring Committee ha d tried to collect detailed documents of admission in the Academic Year 2013-14 against 25% reservation for children of the weaker sections from all private schools. The main motive of this was to calculate the expenditure per child for reimbursement given to these schools which comes within the provisions of Section 12(2) of the RTE Act. But no proper action was taken in this direction (as per the petitioner’s knowledge).
The Division Bench asked the Assam Government to inform the Court about the proposed measures which are to be adopted or which will be adopted for the effective implementation of the Section 12 of the Act, for this the State Government has to file an affidavit.
The matter will be heard on January 5, 2021.