DB directives in PIL regarding Right o free and compulsory education
17/10/2024
JAMMU, Oct 16: In a Public Intrest Litigation has been filed by the Young Lawyers Forum (Kashmir)) to enforce the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act). The PIL is seeking to implement the provisions of the act, including sections 12 (1) (b), 12 (1) (c), and 13.
A Division Bench of Jammu & Kashmir and Ladakh High Court Comprising Chief Justice Tashi Rabstan and Justice Puneet Gupta granted four weeks time to Sr. AAG to comply with the directions issued in terms of order dated 09.09.2024. Furthermore, he is directed to submit a comprehensive list of Government aided schools imparting free education, in terms of order dated 27.03.2024.
It is worthwhile to mention here that Division Bench on September 9, 2024 directed to the respondents shall place a copy of the said Rules on record.
In the order dated March 27, 2024, Division Bench he respondent authorities to inform this Court as to the status of the progress of the work or process initiated inasmuch formulating necessary rules to implement the provisions of Right to Education Act. It is imperative that there be no further delay in the process. If the rules have not been framed, the inference we can draw is that the aforesaid Act has not been implemented properly which in our view may amount to serious infraction of the constitutional obligation of the State as the Right to Education is a guaranteed Fundamental Right under Article 21A.
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