Right to free and compulsory education: HC asks Govt if rules notified in J&K

The court also sought to know the timeframe within which the government intends to notify the rules.
Representative Photo
Representative Photo

Srinagar, Sep 9: The High Court of J&K and Ladakh Friday asked the government to inform if rules under the Right of Children to Free and Compulsory Education Act, 2009, had been notified in Jammu and Kashmir.

“Specify reasons in case the rules have not been notified,” a division bench of Chief Justice Pankaj Mithal and Justice Puneet Gupta ordered while hearing a Public Interest Litigation (PIL).

The court also sought to know the timeframe within which the government intends to notify the rules.

“One of the issues raised in this PIL is regarding framing and notifying of the rules under the Right of Children to Free and Compulsory Education Act, 2009,” the division bench said. “Office of the Advocate General appearing is directed to seek instructions from Chief Secretary and Principal Secretary School Education Department and to file a response if any rules under the act have been framed and notified and if not, the reasons thereof and the time frame within which the respondents propose to take necessary action.”

The PIL seeks to implement the provisions of the Right of Children to Free and Compulsory Education Act 2009 in general and Sections 12 (1) (b), 12 (1) (c), and Section 13 in particular.

These sections provide free and compulsory elementary education for children.

The PIL also seeks directions from the government to expeditiously notify the rules under the Right of Children to Free and Compulsory Education Act, 2009.

In the PIL, the petitioner has also sought direction from the government to file a status report disclosing a list of aided and unaided private schools in J&K, the form and amount of aid provided to the aided private schools, year-wise details of the proportion of children provided free education in the schools since the enforcement of the Right of Children to Free and Compulsory Education Act.

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