SC seeks compliance reports from states on 25 per cent RTE quota implementation

New Delhi: The Supreme Court has sought compliance reports from several states and Union Territories (UTs) over the implementation of Section 12(1)(c) of the Right of Children to Free and Compulsory Education Act, 2009, warning that failure to file affidavits may compel the top court to summon the Principal Secretaries of their Education Departments.

A bench of Justices Vikram Nath, Sandeep Mehta and Vijay Bishnoi was hearing a writ petition filed by Md Imran Ahmad concerning the implementation of the 25 per cent reservation mandate for children belonging to weaker and disadvantaged sections in private unaided schools under the RTE Act.

During the hearing, senior advocate Salman Khurshid, appearing for the petitioner, placed before the apex court a chart categorising states and UTs into five groups based on their implementation status of Section 12(1)(c).

According to the chart, the first category comprised states and UTs which had allegedly refused to implement the provision. The second category relates to states and UTs which framed rules allegedly aimed at bypassing or overruling Section 12(1)(c) of the RTE Act.

The third category included states and UTs which were either silent on the issue or had not framed rules to implement the provision, while the fourth category consisted of those which had partially implemented it.

The fifth category comprised states and UTs which claimed to have enforced the provision but had not submitted proof before the Supreme Court.

Taking note of the submissions, the Justice Vikram Nath-led Bench granted four weeks’ time to the states of Punjab, West Bengal, Kerala, Goa, Arunachal Pradesh, Meghalaya, and Nagaland, along with the Union Territory of Puducherry, to obtain instructions and file appropriate affidavits regarding the “true and faithful implementation” of Section 12(1)(c) of the RTE Act.

“Failing which the Court will be compelled to summon the Principal Secretaries of the Education Department of the said States/UTs,” the Supreme Court said in its order passed on May 7.

It further recorded that the Union Territories of Ladakh, Jammu and Kashmir, and Andaman and Nicobar Islands, along with the states of Mizoram and Sikkim, were not represented during the hearing.

The bench directed the registry to forward copies of the order to the Chief Secretaries and standing counsel of the states and UTs concerned within a week and directed them to fully comply with the apex court’s directions within the stipulated period.

The matter has been listed for further hearing on July 22.

Earlier, in February this year, the Supreme Court had expressed displeasure over the delay by certain states in filing responses in the matter and warned that the Chief Secretaries of Telangana, Punjab and Jammu and Kashmir would have to remain personally present if affidavits were not filed.

Subsequently, in March, the counsel appearing for the petitioner informed the top court that all states had filed their respective affidavits. In a recent judgment concerning the denial of admission to a child selected under the 25 per cent quota in Uttar Pradesh, the apex court had reiterated that neighbourhood schools have a binding constitutional and statutory obligation to admit students allotted by the government under the RTE Act.

“The right to education, a fundamental right guaranteed under Article 21A of the Indian Constitution, will remain an empty promise if the mandate of the RTE Act, 2009, is not worked out in its letter and spirit,” the top court had observed.

IANS