Allahabad HC refuses to direct state govt to provide free uniform and text books to 'all 6-8 class students' in private schools

The Allahabad High Court has recently held that under the Right to Education Act, the duty upon the State and local authority is cast to provide free text books and uniform each year only to the students who are admitted in terms of the provisions of Section 12(1)(c) of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act).

The bench of Justice Subhash Vidyarthi and Justice Devendra Kumar Upadhyaya added that upon close scrutiny of Rule 5 of the Uttar Pradesh Right of Children to Free and Compulsory Education Rules, 2011, it is clear that such facility has been made available to only to those students belonging to weaker and disadvantaged sections of the society who are admitted under the quota of 25% of the total strength under RTE Act.

Court was dealing with a Public Interest Litigation filed by an association namely Uttar Pradesh Senior Basic Shiksha Mahasabha Uttar Pradesh. The petitioner was an association of managements of basic and senior basic schools in the State of UP which were though recognized but were not aided by the Government.

The petitioner sought direction to the state government to facilitate the claim of providing free text books and uniforms to all the students studying in class 6 to 8 in non aided recognized junior high schools who were recognized by the Basic Education Board, Prayagraj, Uttar Pradesh.

For the aforesaid prayer, the petitioner relied on Rule 5 of the Uttar Pradesh Right of Children to Free and Compulsory Education Rules, 2011.

The petitioner argued that the said rule has statutory force and clearly mandates that the State Government or the local authority shall provide such facility to all the students studying in the recognized junior high schools which are managed by private management but are not aided by the government.

However, upon considering the aforesaid submissions and having perused the relevant provisions of Rules 2011 as also the provisions contained in the Right of Children to Free and Compulsory Education Act, 2009, court held that though there is a duty upon the state to provide free books and uniforms, the said provisions does not cover all the students admitted in unaided recommended junior high schools being managed by the private management.

"If we peruse the afore-quoted Rule 5 what we find is that students studying in the schools as defined in Section 2(n)(i), Section 2(n) (ii) as also the students attending the school defined under Section 2(n)(iii) & (iv) are entitled to free text books each year and uniform once in each year in pursuance of Section 12(1)(c) of the Act. Section 12(1)(c) of the Act as quoted above states that the schools specified in Section 2(n)(iii) and (iv) shall admit in class-1, 25% of the strength of that class, children belonging to weaker sections and disadvantaged groups and as such schools shall provide free and compulsory education till its completion," Court observed.

Therefore stating that was not the case pleaded in the petition that the facility of free uniform and text books was not being provided to the students admitted under Section 12(1)(c) of the Act rather the prayer was that all the students admitted in such institutions should be provided the benefit, court dismissed the plea.

Case Title: U.P. Sr.Basic Shiksha Mahasha.U.P v. State of UP