SC issues notice to Centre, Punjab on plea alleging non-implementation of RTE Act

The Supreme Court on Monday sought responses from the Centre and the Punjab government on a plea alleging non-implementation of the Right of Children to Free and Compulsory Education (RTE) Act, 2009, in the state.

The plea has sought a direction to the Centre to ensure effective and continuous compliance with the provisions of the Act, including the one relating to admitting at least 25 per cent children belonging to the weaker section and disadvantaged group in Class 1 in private schools, by the Punjab government.

“Have you been able to identify some schools which are not doing it,” a bench of Chief Justice Surya Kant and Justice V Mohana asked the petitioner, who was appearing in person.

The petitioner claimed that the provisions of the Act were not being implemented in Punjab for the past 15 years.

He referred to a 2012 verdict of the apex court, which had upheld the validity of the RTE Act. The bench referred to an affidavit filed earlier by the state, which had said that over 450 students belonging to the economically weaker section were admitted in private schools.

The petitioner said the number should have been around 50,000 since, as per the government figures, nearly two lakh students were admitted every year at the entry level.

“We are issuing notice,” the bench said.

The top court suggested that the petitioner conduct a survey in at least one district to find out how many private schools were there and how many of them were not implementing the provisions of the Act.

When the petitioner said he had last year filed an RTI on the issue, the bench observed the problem with RTI was that the authorities would respond according to the nature of the questions asked.

The plea has sought a direction to the Centre to establish and ensure a transparent, time-bound and verifiable mechanism, including dashboards accessible to the public, for monitoring and securing compliance with Section 12(1) (c) of the Act in Punjab on a continuing basis.

Section 12 of the Act deals with the extent of the school’s responsibility for free and compulsory education.

Section 12 (1)(c) says that a school shall admit in Class 1, to the extent of at least 25 per cent of the strength of that class, children belonging to weaker sections and disadvantaged groups in the neighbourhood and provide free and compulsory elementary education till its completion.

The plea has also sought a direction to the Centre to ensure establishment of a transparent, time-bound and effective implementation mechanism in Punjab for operationalising the provisions of the Act, including determination and publication of available seats, publication of admission schedule, accessible application process, reimbursement framework and enforcement of statutory consequences for non-compliance.