RTE Act | Take Action Against Schools Not Reserving 25% Elementary Level Seats For Children From Disadvantaged Groups: Gauhati High Court To State

The Gauhati High Court recently directed the Assam Government to implement its policy framed under Section 12(1)(c) of the Right of Children to Free and Compulsory Education Act, 2009 (the Act of 2009) with regard to the admission benefits to the children belonging to the weaker section and disadvantaged group in the unaided and non-minority institutions.

While hearing a PIL on the issue, the division bench of Justice Achintya Malla Bujor Barua and Justice Robin Phukan observed:

“there is a requirement to implement the policy/guidelines provided in the office memorandum dated 02.09.2021 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/guidelines contained in the office memorandum dated 02.09.2021 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 as well as subsequent academic years.”

The court was hearing a PIL filed by one Debargha Roy which sought the directions for implementation of the requirement of Section 12(1)(c) of the Act of 2009 which states that a school shall admit in class I, to the extent of at least twenty-five per cent of the strength of that class, children belonging to weaker section and disadvantaged group in the neighbourhood and provide free and compulsory elementary education till its completion.

The petitioner highlighted that detailed guidelines were issued by the Government of Assam vide office memorandum dated September 2, 2021 with regards to the benefits which will be offered in terms of Section 12(1)(c) of the Act of 2009, but the effective implementation of the said guidelines have not been made yet.

He further submitted that the said memorandum dated September 2, 2021 provides that the State Education Department shall officially announce about the issuance of admission forms under Section 12(1)(c) under the Act of 2009 through websites, regional newspapers and reliable media. The memorandum also provides that the admission forms can be received free of cost from the respective schools.

After hearing the parties, the court directed the State Government to implement the guidelines framed and issued by it vide office memorandum dated September 2, 2021.

The court further directed the State Education Department and the schools to announce admission under Section 12(1)(c) of the Act of 2009 through websites, regional newspapers and reliable media by March 17, 2023 for the academic year 2023-24.

It also directed the Elementary Education Department to officially announce the admission and the issuance of admission form under Section 12(1)(c) through websites, regional newspapers and reliable media on or before March 14, 2023 and to ensure that the respective unaided, non-minority schools are made to issue the said notice by March 15, 2023.

The court further held:

“If any such unaided, non-minority educational institutions do not comply with the requirement, appropriate action may be taken as provided under the relevant provisions of the Act of 2009.”

Case Title: Debargha Roy v. The State of Assam & 5 Ors.

Citation: 2023 LiveLaw (Gau) 39

Coram: Justice Achintya Malla Bujor Barua and Justice Robin Phukan

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