The Allahabad High Court has clarified that the State is not duty-bound under Uttar Pradesh Right of Children to Free and Compulsory Education Rules, 2011 to provide free textbooks and uniforms to all the students studying in unaided junior high schools being managed by private management.
The division-bench of Justice Devendra Kumar Upadhyaya and Justice Subhash Vidyarthi rejected the PIL filed by Uttar Pradesh Senior Basic Shiksha Mahasabha Uttar Pradesh, an association of managements of basic and senior basic schools in the State of U.P. though recognized but not aided by the Government.
The plea in the petition was that respondent-State be directed to facilitate the claim of providing free text books and uniforms to all the students studying in class 6 to 8 in non-aided recognized junior high schools who are recognized by the Basic Education Board, Prayagraj, Uttar Pradesh.
Counsel for petitioner laid emphasis on Rule 5 of the Uttar Pradesh Right of Children to Free and Compulsory Education Rules, 2011 which has statutory force clearly mandates that the State Government or the local authority shall provide such facility to all the students studying in the recognized junior high schools which are managed by private management but are not aided by the government.
After persuading the relevant provisions of Rules 2011 as also the provisions contained in the Right of Children to Free and Compulsory Education Act, 2009, the Court opined that the Rules do cast a duty upon the State Government and the local authority to provide free text books and uniform to certain class of students studying in such institutions, however, doesn't cover all the students admitted in unaided recommended junior high schools being managed by the private management.
"If we closely scrutinize Rule 5 as afore-quoted what we find is that so far as the children studying in the non-aided privately managed recognized junior high schools are concerned, the duty upon the State and local authority is cast to provide free text books and uniform each year only to the to the students who are admitted in terms of the provisions of Section 12(1)(c) of the Act i.e. the students admitted up to 25% of the total strength from amongst weaker and disadvantaged sections of the society. It is thus clear that such facility has been made available to only such students," the Court observed.
It was pointed out that it was not the case pleaded in this petition that the facility of free uniform and text books is not being provided to the students admitted under Section 12(1)(c) of the Act rather the prayer is that all the students admitted in such institutions should be provided this benefit.
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