Supreme Court Questions Punjab and Centre Over RTE Act Implementation
On Monday, the Supreme Court issued notices to both the central government and the Punjab state government regarding a petition alleging that the Right to Education (RTE) Act, 2009, has not been properly enforced in Punjab. The petition specifically highlights the failure to implement the 25% reservation quota for disadvantaged children in private schools.
Petition Seeks Court Intervention
The petitioner has requested the court to direct the central government to ensure that the Punjab administration consistently and effectively complies with the provisions of the RTE Act. A key aspect of this compliance involves reserving at least 25% of seats in entry-level classes at private schools for children belonging to economically weaker sections and disadvantaged groups, with free education provided until the completion of elementary schooling.
Court Asks About Non-Compliant Schools
During the hearing, a bench comprising the Chief Justice and Justice V. Mohana inquired whether the petitioner had identified specific schools that are violating the Act’s provisions. The petitioner, who appeared in person, stated that the RTE Act has remained unimplemented in Punjab for the past fifteen years. They also referred to a 2012 Supreme Court judgment that upheld the constitutional validity of the RTE Act.
The bench also brought up an affidavit previously submitted by the state government, which claimed that over 450 students from economically weaker sections had been admitted to private schools. The petitioner contested this figure, arguing that the actual number should be closer to 50,000, given that approximately two lakh students are enrolled at the entry level each year according to official data. Following this exchange, the court announced it was issuing formal notices.
Suggestion to Conduct a Ground-Level Survey
The Supreme Court suggested that the petitioner carry out a survey in at least one district to determine the total number of private schools operating there and identify how many of them are failing to adhere to the RTE Act’s requirements. When the petitioner mentioned filing an RTI application the previous year on this matter, the court observed that responses to such applications often tend to be tailored to the specific wording of the questions asked, rather than providing comprehensive information.
Demands for a Transparent Monitoring System
The petition calls for the establishment of a transparent, time-bound, and verifiable mechanism to monitor compliance with Section 12(1)(c) of the RTE Act in Punjab. This includes a request for a publicly accessible dashboard to track implementation progress.
Section 12 of the RTE Act outlines the responsibilities of schools regarding free and compulsory education. Specifically, Section 12(1)(c) mandates that private schools reserve at least 25% of their total seats in Class 1 for children from weaker sections and disadvantaged groups, offering them free education until they complete their primary schooling.
Additionally, the petition seeks the creation of an effective and transparent system for determining and publishing the number of available seats, issuing admission schedules, streamlining the application process, implementing a reimbursement mechanism, and ensuring legal action is taken against those who violate the rules.
