Gauhati High Court
Debargha Roy vs The State Of Assam And 5 Ors on 10 March, 2023
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GAHC010050602023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : PIL/24/2023
DEBARGHA ROY
S/O- DEBOJIT ROY,
RESIDENT OF 43, LAMB ROAD,
LATASIL, GUWAHATI- 781001.
VERSUS
THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM,
DISPUR, PIN- 781005, ASSAM.
2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
ELEMENTARY EDUCATION DEPARTMENT
BLOCK-C (GROUND FLOOR)
ASSAM SECRETARIAT
DISPUR
GUWAHATI- 781006.
3:THE SECRETARY TO THE GOVT. OF ASSAM
ELEMENTARY EDUCATION DEPARTMENT
BLOCK-C (GROUND FLOOR)
ASSAM SECRETARIAT
DISPUR
GUWAHATI- 781006.
4:THE DIRECTOR OF ELEMENTARY EDUCATION
DIRECTORATE OF ELEMENTARY EDUCATION
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KAHILIPARA
GUWAHATI- 781019.
5:THE DIRECTORATE OF SECONDARY EDUCATION
DIRECTORATE OF SECONDARY EDUCATION
KAHILIPARA
GUWAHATI- 781019.
6:MISSION DIRECTOR
SAMAGRA SIKSHA
ASSAM
KAHILIPARA
GUWAHATI- 781019
Advocate for the Petitioner : MS. D GHOSH
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
HONOURABLE MR. JUSTICE ROBIN PHUKAN
Date : 10-03-2023
JUDGMENT & ORDER (ORAL)
(AM Bujor Barua, J)
Heard Ms. A Verma, learned counsel assisted by Ms. D Ghosh, learned
counsel for the petitioner. Also heard Mr. N Das, learned Government Advocate
for the respondent No.1 being the Chief Secretary to the Government of Assam,
Ms. K Das, learned counsel for the respondents No.2, 3, 4 and 5 being the
authorities under the Elementary Education Department, Government of Assam
and Mr. S Bora, learned counsel for the respondent No.6 being the Samagra
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Siksha Assam.
2. The petitioner, Debargha Roy has instituted this PIL seeking for a direction
to the authorities in the Government of Assam to ensure proper compliance and
implementation of the requirement of Section 12(1)(c) of the Right of Children
to Free and Compulsory Education Act, 2009 (for short, the Act of 2009),
providing for education to the extent of at least 25% of the strength of a class
for children belonging to weaker section and disadvantaged group in the
neighbourhood of the school and provide free and compulsory elementary
education till its completion.
3. The petitioner raises an issue that in many number of unaided, non-
minority institutions the requirement of Section 12(1)(c) of the Act of 2009 that
25% of the of the strength of that class be admitted by children belonging to
the weaker section and disadvantaged group in the neighbourhood of the school
and to provide free and compulsory elementary education till its completion had
not been duly complied with.
4. Having considered the various provisions of the Act of 2009 as well as the
Right of Children to Free and Compulsory Education Rules, 2010 as framed by
the Central Government, as recorded in the order dated 18.11.2020 in PIL
No.66/2020, the final order thereof dated 16.09.2021 was passed. In the order
dated 16.09.2021, the Court took note that as submitted by the learned
Advocate General, Assam, the Government had already issued the necessary
office memorandum on 02.09.2021 laying down the detailed guidelines as
regards the benefits which will be offered in terms of Section 12(1)(c) of the Act
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of 2009. Accordingly, by the order dated 16.09.2021, the PIL was closed as
nothing remained for further adjudication, but by providing that if any person
has any grievance with the implementation of the policy/guidelines contained in
the office memorandum dated 02.09.2021, it will be upon such person to
approach the appropriate forum for redressal of the grievance. In this respect,
the PIL petitioner states that for the purpose of implementation of the
policy/guidelines contained in the office memorandum dated 02.09.2021, the
representation dated 27.04.2022 had been made to the Director of Elementary
Education, Assam. A further representation dated 02.05.2022 had also been
made to the Secretary to the Government of Assam in the Department of
Education.
5. This PIL is instituted by the petitioner Debargha Roy raising the issue that
although the policy/guidelines have been framed and provided in the office
memorandum dated 02.09.2021, but effective implementation of the same had
not been made as yet.
6. It has been specifically pointed out that in the policy/guidelines contained
in the office memorandum dated 02.09.2021 in Clause 3 of Part B thereof, it has
been provided that the State Education Department shall officially announce
about the issuance of admission forms under Section 12(1)(c) under the Act of
2009 through websites, regional newspapers and reliable media and that the
admission forms can be received free of cost from the respective schools and
the filled-in applications is required to be submitted to the respective schools
along with requisite testimonials and further that the respective schools will
design the application form as per Rules incorporating the following information:
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"Name of the Child:
Parental Details including Profession of Parents/Guardian:
DOB of Child:
Aadhaar Number of Child:
Contact Number:
Caste:
Permanent Address:
Present Residence:
Distance from School to residence:
Annual Income of family:
Details of disability, in case of CWSN:
Information of Orphan, HIV affected/infected, Migrated and Street Child, if
any:
Bank account number of Child with IFSC:
Bank name and Branch of account referred above:....."
7. It has also been specifically brought to the notice of the Court that as per
the table contained in Clause 11 in Part B of the OM dated 02.09.2021 at
Sl.No.3 therein there is a requirement of issuing a notice by the State Education
Department and schools announcing the admission under the provisions of
Section 12(1)(c) of the Act 2009 and that the tentative date of issuing the
notice by the State Education Department and the schools announcing the same
would be 17th of March of every year. It is stated that for the educational year
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2023-24, as per the office memorandum dated 02.09.2021, there is a
requirement of issuing the notice by the State Education Department as well as
the respective schools announcing admission under Section 12(1)(c) of the Act
of 2009 within 17th March of this year, but inspite of such requirement, the
notice has not yet been issued.
8. Apart from the aforesaid two specific grievances being raised, a general
grievance is also raised in this PIL that although the guidelines/policy had been
issued as per the office memorandum dated 02.09.2021, but the provisions
thereof are yet to be implemented by the authorities in the Education
Department of the Government of Assam as well as by the authorities under the
Samagra Siksha Assam. Mr. S Bora, learned counsel for the Samagra Siksha
Assam as well as Ms. K Das, learned counsel for the Elementary Education
Department, Government of Assam candidly states that in terms of the order
dated 18.11.2020 in PIL No.66/2020 as well as in terms of the office
memorandum dated 02.09.2021 issued by the Elementary Education
Department Government of Assam, there is a legal requirement on the part of
the authorities to do the needful as provided in the policy/guidelines contained
in the office memorandum dated 02.09.2021.
9. Mr. N Das, learned counsel representing the Chief Secretary to the
Government of Assam also takes the same stand that the Government of Assam
also feels that there is a necessity to implement the policy/guidelines contained
in the office memorandum dated 02.09.2021.
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10. As it is an agreed position of the parties, that there is a requirement to
implement the policy/guidelines provided in the office memorandum dated
02.09.2021 as regards the admission benefits in the unaided, non-minority
institutions as provided under Section 12(1)(c) of the Act of 2009, we
accordingly direct the respondent authorities to do the needful as may be
required to implement the policy/guidelines contained in the office
memorandum dated 02.09.2021 so that the benefits provided therein are made
available to the children belonging to the weaker section and disadvantaged
group by availing the benefits of free and compulsory elementary education till
its completion, for the academic year 2023-24. Similar direction would also
remain for all such subsequent academic years. As there is a specific
requirement under Clause 3 of Part B of the office memorandum dated
02.09.2021 for announcing the admission under Section 12(1)(c) of the Act of
2009 through websites, regional newspapers and reliable media to be made by
the State Education Department as well as the requirement of issuing notice by
the State Education Department and the schools concerned announcing the
admission under Section 12(1)(c) of the Act of 2009 on or before 17.03.2023 for
the purpose of the academic year 2023-24, we also direct the Elementary
Education Department of the Government of Assam through its Secretary to do
the needful for officially announcing the issuance of admission form under
Section 12(1)(c) through websites, regional newspapers and reliable media on
or before 14.03.2023, as well as to issue the notice by the Elementary
Education Department announcing the admission under Section 12(1)(c) also on
or before 14.03.2023 and further the Elementary Education Department to do
the needful to ensure that the respective unaided, non-minority schools are also
made to issue the said notice on or before 15.03.2023.
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11. It is further provided that in the event, the Elementary Education
Department of the Government of Assam does the needful as indicated above,
but any such unaided, non-minority educational institutions do not comply with
the requirement, appropriate action may be taken as provided under the
relevant provisions of the Act of 2009.
12. In view of the above admitted stand of the respective parties, this PIL
petition stands disposed of with the aforesaid direction(s).
JUDGE JUDGE
Comparing Assistant
