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Court also sought as to what measures have been taken by the State Authorities for ensuring a complete implementation of Section 12 of the RTE Act and its corresponding regulations made by the governments
The Allahabad High Court has directed the Additional Chief Secretary/Principal Secretary of Basic Education in the UP Government to conduct a statewide survey to gather data on schools' compliance with the Right of Children to Free and Compulsory Education Act of 2009 (RTE Act) and its corresponding regulations.
The order was passed in a Public Interest Litigation (PIL) filed in 2015 raising the issue of non-implementation of specific provisions of the RTE Act, notably focusing on Section 12.
Section 12 of the Act pertains to the "extent of school's responsibility for free and compulsory education".
It is to be noted that Rule 11 of the Right of Children to Free and Compulsory Education Rules, 2010 made by the Central Government corresponds to Section 12 of the RTE Act and Rule 8 of the Uttar Pradesh Right of Children to Free and Compulsory Education Rules, 2011 made by the State Government refers to Section 12 of the Act.
The petitioner's grievance was that these rules were not being implemented in letter and spirit.
The State Authorities had filed an affidavit in the PIL way back in 2015. The high court said that it is now 2024, and the latest data would be required from the concerned department of the State Government.
Therefore, the bench of Justices Rajan Roy and Om Prakash Shukla ordered that a survey be conducted by the Additional Chief Secretary/Principal Secretary, Basic Education, U.P. with regard to implementation of the aforesaid provisions of law in the entire State.
Court ordered complete data to be compiled as to the number of schools where such provisions are to be implemented and how far they have been implemented.
"If they have not been implemented or have been implemented partially then what measures have been taken by the State Authorities for ensuring a complete implementation of the same," the division bench directed.
The matter will be next heard in fourth week of July, 2024.
"We expect that the exercise to ascertain the complete data shall be initiated immediately without wasting further time. If there are any impediments specially legal impediments in implementation of the said provisions then the same should also be brought on record with a mention as to what measures have been taken to overcome the said impediments," the bench added.
Case Title: Manendra Nath Rai v. State of UP and 3 Others
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