RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION | High Court seeks status of necessary rules

Srinagar, Apr 1:  The High Court of J&K and Ladakh has asked the authorities to inform it about the status of formulating necessary rules under  Right of Children to Free and Compulsory Education Act, 2009 in Jammu and Kashmir.

A division bench comprising Chief Justice N Kotiswar Singh and Justice Muhammad Yousuf Wani sought the status of the rules after perusal of a ‘status report’ dated June 5, 2023, wherein the government indicated that to effectively implement the provisions of the act, the department was in the process of formulating rules under the Right to Education Act to provide proper mechanism for implementing every provision of the act in letter and spirit.

“Given the stand taken by the J&K administration, we would require the respondent authorities to inform this court as to the status of the progress of the work or process initiated inasmuch formulating necessary rules to implement the provisions of the Right to Education Act,” the bench said.  “It is imperative that there be no further delay in the process.”

The court said: “If the rules have not been framed, the inference we can draw is that the aforesaid act has not been implemented properly which in our view may amount to serious infraction of the constitutional obligation of the State as the Right to Education is a guaranteed fundamental right under Article 21.”

Allowing the “State” an opportunity to provide the necessary status report, the court listed the matter on May 15.

“While submitting the status report, the respondent shall also file the list of government-aided schools which are imparting free education as per the Act in J&K,” it said.

The court was hearing a Public Interest Litigation (PIL) that seeks to implement the provisions of the Right of Children to Free and Compulsory Education Act 2009 in general and Sections 12 (1) (b), 12 (1) (c), and Section 13 in particular.

These sections provide for free and compulsory elementary education for children.

The PIL also seeks directions to the government to expeditiously notify the rules under the Right of Children to Free and Compulsory Education Act, 2009.

It also passed direction 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, and 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.