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