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Allahabad HC Orders Statewide Survey on School Compliance with RTE Act

Allahabad HC Orders Statewide Survey on School Compliance with RTE Act

The Allahabad High Court has mandated the Additional Chief Secretary/Principal Secretary of Basic Education in the UP Government to oversee a comprehensive statewide survey. This survey aims to collect pertinent data regarding schools' adherence to the Right of Children to Free and Compulsory Education Act of 2009 (RTE Act) and its accompanying regulations.

The directive stemmed from a Public Interest Litigation (PIL) initiated in 2015, highlighting the persistent issue of non-compliance with certain provisions of the RTE Act. Particularly, the focus was on Section 12 of the act.

The petitioner's concern revolved around the implementation of Section 12 of the RTE Act, which delineates the scope of schools' responsibility for providing free and compulsory education. They pointed out that Rule 11 of the Right of Children to Free and Compulsory Education Rules, 2010, established by the Central Government, and Rule 8 of the Uttar Pradesh Right of Children to Free and Compulsory Education Rules, 2011, established by the State Government, align with the provisions of Section 12. However, they argued that these rules were not being effectively enforced.

In response to the PIL filed in 2015, the State Authorities submitted an affidavit. However, the Allahabad High Court noted that significant time has elapsed since then, and as it is now 2024, updated information is necessary. The court emphasized the need for the latest data to be provided by the concerned department of the State Government.

Hence, the bench comprising Justices Rajan Roy and Om Prakash Shukla issued an order directing the Additional Chief Secretary/Principal Secretary of Basic Education, U.P. to conduct a comprehensive survey across the entire state. This survey aims to evaluate the implementation status of the aforementioned legal provisions.

The court mandated the compilation of comprehensive data regarding the number of schools where the specified provisions are supposed to be implemented and the extent to which they have been implemented.

The matter will be next heard in fourth week of July, 2024. 

Case Title: Manendra Nath Rai v. State of UP and 3 Others

 
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