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Gauhati High Court directs Assam Education department to ensure admission of 49 children under RTE Act

The Gauhati High Court directed the standing counsel, Education Department to instruct the Secretary, Department of School Education to ensure that the 49 children are provided admission into the schools concerned as per the mandate of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act).

The division bench comprising Chief Justice Sandeep Mehta and Justice Mitali Thakuria heard a Public Interest Litigation (PIL) on the issue of non-implementation of Section 12(1)(c) of the RTE Act in the various schools of Assam.

The petitioner No.2 present in person states before the High Court that till date, out of the 49 children only 15 have been provided admissions under the Right of Children to Free and Compulsory Education Act, 2009 .

She alleges that many of the schools are demanding money for admitting the children.

It is further alleged by the petitioner that the respondent No.12 has been exerting pressure on the parents of the children to sign blank undertakings.

It is further stated that the respondents are charging fees from the children, who have been admitted under the RTE Act.

“In the meantime, Mr. R. Mazumdar, learned standing counsel, Education Department shall instruct the Secretary, Department of School Education to ensure that the 49 children indicated in the list Annexure: G are provided admission into the schools concerned as per the mandate of the RTE Act.

In case, the above direction is not complied with, the Secretary, Department of School Education, shall remain present in the Court on the next date of listing”, the order reads.

Matter is listed on 24.05.2023 for further hearing.

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