HC seeks report on implementation of Rights of Children to Free Education Act

Excelsior Correspondent

Srinagar, Mar 2 : High Court today directed the authorities to file a status report by next date indicating the steps undertaken for implementation of ‘The Rights of Children to Free and Compulsory Education’ Act.
The Division Bench of Justice Rajnesh Oswal and Justice Mohan Lal while hearing PIL seeking the implementation of Right to Free and Compulsory Education Act, 2009 in J&K, directed the authorities to inform the court by next date as to what steps have been taken for implementation of the Act.
“Government of J&K to positively file status report regarding the implementation of the Right to Free and Compulsory Education Act, 2009 (Right to Education Act), and disclose the list of aided and unaided private schools of the Union Territory,” DB directed.
Submission made by the petitioner organisation through Advocate 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.
The counsel further submitted that even after an interlude of almost three years, the Act is yet to be implemented by the schools in the UT of J&K due to the callous attitude of the authorities.
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 PIL has 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.