The Allahabad High Court dismissed a Public Interest Litigation praying that the State-respondents may be directed to facilitate the claim of providing free textbooks and uniforms to all the students studying in classes 6 to 8 in unaided recognized junior high schools who are recognized by the Basic Education Board.
The Court observed that the provisions in question do not cover all the students admitted in unaided recommended junior high schools being managed by the private management.
Brief Facts:
The petitioner is an association known as Uttar Pradesh Senior Basic Shiksha Mahasabha Uttar Pradesh which appears to be an association of managements of basic and senior basic schools in the State of U.P. which are though recognized but are not aided by the Government. The prayer made in the writ petition is that the State-respondents may be directed to facilitate the claim of providing free textbooks and uniforms to all the students studying in classes 6 to 8 in unaided recognized junior high schools who are recognized by the Basic Education Board, Prayagraj, Uttar Pradesh.
Contentions of the Petitioner:
The Learned Counsel for the Petitioner emphasized Rule 5 of the Uttar Pradesh Right of Children to Free and Compulsory Education Rules, 2011 which mandates that the State Government or the local authority shall provide such facility to all the students studying in the recognized 1 of 5 junior high schools which are managed by private management but are not aided by the government.
Observations of the Court
However, the Court observed, the said provisions do not cover all the students admitted in unaided recommended junior high schools being managed by the private management. 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 textbooks and uniforms each year only to the students who are admitted in terms of the provisions of Section 12(1)(c) of the Right of Children to Free and Compulsory Education Act, 2009 i.e., the students admitted up to 25% of the total strength from amongst weaker and disadvantaged sections of the society.
The decision of the Court:
The Allahabad High Court, dismissing the petition, held that the prayer that all the students admitted to such institutions should be provided the benefit is not sustainable.
Case Title: - U.P. Sr. Basic Shiksha Mahasabha. U. P. Officer Shri N. P. M. Vidy. Raebareli Thru. President Ankur Chaudhari vs State Of U.P Thru. Addl. Chief/Prin. Secy. Basic Education U.P. Civil Secrt. Lko. And Others
Coram: Hon’ble Justice Suneet Kumar and Hon’ble Justice Rajendra Kumar
Case no.: PUBLIC INTEREST LITIGATION (PIL) No. - 178 of 2023
Advocate for the Petitioner: Mr. Piyush Mishra and Mr. Shaktipal Rajpal
Advocate for the Respondent: C. S. C., Sarvesh Kumar Dubey
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