Excelsior Correspondent
Srinagar, May 23: High Court has sought information with regard to finalization of Right to Education (RTE) Rules in order to implement the Right to Education (RTE) Act in letter and spirit by the next date of hearing.
The direction came to be passed by the Division Bench of Chief Justice Arun Palli and Justice Rajnesh Oswal after the Sr AAG on behalf of Government submitted that although the department had constituted a Committee in November 2024, one of the members of the Committee, thereafter was transferred.
He added that as such no meeting could be held. Therefore, in partial modification of the earlier order, the Government reconstituted the Committee on May 15, 2025 to finalize the Draft Right to Education (RTE) Rules, to ensure due implementation of the Act.
Further, he submitted that a meeting of the re-constituted Committee is scheduled for May 23, 2025. He assured that all requisite measures to address the concerns/ grievances that are being sought in the petition, shall be taken and a detailed status report in this regard shall be placed before the court before the adjourned date.
Submission made by the petitioner organization through Adv Huzaif Ashraf Khanpori appearing on behalf of the petitioner organization Young Lawyers Forum that more than three years since the Act of 2009 has become applicable to the Union Territory of J&K and its applicability in J&K had given many hopes to children from marginalised and poor sections of the society to get education in private schools, which is otherwise unaffordable and unimaginable to them.
He highlighted before the court that the non-implementation of the mandatory reservation provided under Section 12(1)(b) & 12(1)(c) of the RTE Act is a continuing violation of the fundamental right to free and compulsory education under Article 21A available to the large section of children belonging to weaker and disadvantaged sections apart from violating the statutory mandate under the RTE Act.
The petitioner-organization in the PIL has also sought directions to the Government to file a status report disclosing a list of aided and unaided private schools in J&K, the form and amount of aid provided to the aided private schools, year-wise details of the proportion of children provided free education in the schools since the enforcement of the Right of Children to Free and Compulsory Education Act.
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