The Gauhati High Court has noted that the State Government in its Office Memorandum dated 02.09.2021 that relates to Guidelines for implementation of Section 12(1)(c) under the Right of Children to Free and Compulsory Education Act, 2009 in the State of Assam at its Part-D “Monitoring and Grievance Redressal” in Clause-2 specifically provided that- if any irregularities are noticed during the process of admissions and imparting education, the parents may intimate the respective Block Elementary Education Officer in writing.
The Division Bench of Justice Manash Ranjan Pathak and Justice Susmita Phukan Khaund heard a Public Interest Litigation (PIL) filed by the petitioners who are aggrieved by non-implementation of Section 12(1)(c) of the Right of Children to Free and Compulsory Education Act, 2009.
Chapter-IV of the Right of Children to Free and Compulsory Education Act, 2009 consisting Sections 12 to 28 relates to “Responsibility of Schools and Teachers”. Section 12 of said 2009 Act provides for Extent of Schools Responsibility for Free and Compulsory Education. Section 12(1)(c) of 2009 Act stipulates as follows:-
“Specified in sub-clauses (iii) and (iv) of clause (n) of Section 2 shall admit in Class I, to the extent of at least twenty-five percent of the strength of that class, children belonging to weaker section and disadvantaged group in the neighborhood and provide free and compulsory elementary education till its completion:
Provided further that where a school specified in clause (n) of Section 2 imparts pre-school education, the provisions of clauses (a) to (c) shall apply for admission to such pre-school education.”
Section 2 of the 2009 Act, noted above, relates to Definitions, where Section 2(n) reads as follows:-
“(n) “School” means any recognized school imparting elementary education and includes –
(i) a school established, owned or controlled by the appropriate Government or a local authority;
(ii) an aided school receiving aid or grants to meet whole or part of its expenses from the appropriate Government or the local authority;
(iii) a school belonging to specified category; and
(iv) an unaided school not receiving any kind of aid or grants to meet its expenses from the appropriate Government or the local authority.”
Section 12(1)(c) of 2009 Act specifically provides for admissions in Class-I whereas the proviso to said section provides for the admission to Pre-school classes to categories of students specified in that section in those schools concerned wherever such classes are available. Section 12(1)(c) as well as its proviso also clarifies that once an admission is made either in Class-I or in Pre-primary classes, where available, the students under that category should be provided with free and compulsory elementary education till its completion, i.e., up to Class-VIII as per the said 2009 Act.
R. Mazumdar, Standing Counsel for the Department of School Education on instruction submits that during the admission period of 2023-24 in elementary schools relating to Class-I or Pre-primary classes, the Elementary Education Department did not receive any such objections from the concerned Block Elementary Education Officers with regard to rejection of admissions to Class-I to the categories of children specified in Section 12(1)(c) of said 2009 Act.
Mazumdar also submits that the admissions of Class-I or the Preprimary classes in such un-aided non minority schools are still going on and yet to be over. On instruction from the Secretary, Government of Assam in the Department of School Education dated 01.04.2024 pertaining to the PIL.
He added that on April 02, a virtual meeting has been scheduled with all the Inspectors of Schools and the District Elementary Education Officers for an elaborate discussion to ensure of submission of comprehensive report regarding the admissions as provided under Sections 12(1)(c) of the said 2009 Act and a dedicated portal in the Department of School Education for effective implementation of the provisions of Section 12(1)(c) of the said 2009 Act has been made ready and that such portal will come into effect after the ensuing Parliamentary Election gets over as per the decision of the Cabinet, as presently the Model Code of Conduct due to election is in force.
Further he placed before the High Court a communication of the Director of Elementary Education, Assam, whereby the District Elementary Education Officers, the District Primary Education Officers have been asked to fill up the specified format with regard to admissions of the students under the category of Section 12(1)(c) of the 2009 Act that was communicated to all the concerned authorities on 07.02.2024 itself and that the report from such authorities is awaited.
Considering that the admissions in some of the un-aided non minority schools are still pending, the High Court listed the matter again on 09.05.2024, enabling the authorities in the School Education Department of the State to place the up-to-date status regarding the admissions of students in such un-aided and non-minority schools in the State of Assam as prescribed in Section 12(1)(c) of the 2009 Act.