Patna High Court Dismisses PIL Alleging Non-Compliance Of RTE Act By Schools In Bihar

The Patna High Court has dismissed a Public Interest Litigation (PIL) alleging non-compliance of the provisions of the Rights of Children to Free and Compulsory Education Act, 2009 by schools in Bihar.

The division bench comprising Chief Justice K. Vinod Chandran and Justice Madhuresh Prasad observed that the petitioner approached the court by making vague and sweeping allegations alleging deficiencies in implementation of the RTE Act.

The PIL filed by one Prem Kumar, alleged that schools were failing to fulfill the provisions of the RTE Act and were not providing free and compulsory education to children between the ages of 6 and 14 years.

However, the bench observed that the RTE Act empowers various authorities to monitor and enforce the requisite standards, including issuing directions. 

"Having gone through the provisions of the RTE Act, we find that the RTE Act enables effective monitoring of all requisite standards including the powers to issue directions, which powers have been conferred upon the Commission for Protection of Child Rights established at the State level and the National level as well as the appropriate Government and Local Authority, as the case may be depending upon the school," the court said.

The court further noted that the petitioner had not taken any steps to approach the specified authorities under the RTE Act with any specific grievances.

“We, in the circumstances, are not inclined to proceed with the matter as a PIL and leave it to the petitioner to invoke the remedies available under the RTE Act,” the bench said while dismissing the petition.

Case Title: Prem Kumar vs. The State of Bihar and Ors. Civil Writ Jurisdiction Case No.6829 of 2023

Appearance :For the Petitioner : Mr. Himanshu Shekhar, AdvocateFor the State : Mr. Kinkar Kumar, SC-9

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