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The Gauhati High Court observed that the complaint aired by the petitioner should be looked into by the State Government keeping in mind the provisions of the Bureau’s Memorandum and take an appropriate decision as soon as possible considering the identity of all those non-government and private (aided or unaided), including schools in the specified sector.
The petitioners prayed as follows:
“I. A writ in the nature of Mandamus should not be issued directing the respondent n.2 & 3 to initiate steps for recognition of all non-government private (aided or unaided) including the specified schools under Children’s Right to Free Education and Regulation, 2009.
II. A writ in the nature of Mandamus should not be issued directing the respondent no.2 & 3 to initiate proceedings against all non-public private (aided or unaided) schools in the specified category for recognition. obtain from the concerned District Primary Education Officer self-declaration in form No.1 of the annexure to the Assam Right of Children to Free and Compulsory Education Act, 2011.
III. A writ in the nature of Mandamus should not be issued directing the petitioner no.2 & 3 to initiate steps to register all the non-government private (aided or unaided) schools including the specified schools in order to submit the application for registration of their institutions before the Director. of Higher Education/Director of Elementary Education Department (as the case may be) before the commencement of the next academic session 2023-2024.
IV. A writ in the nature of Mandamus should not be issued directing the respondent 2 & 3 to initiate steps to implement Section 6 of the Assam Non-Government Educational Institutions (Legislation and Management) Act, 2006 before the commencement of the academic session of next in 2023-24.
V. A committee headed by a retired judge with the members of Respondent No.2, 3, 4, 5 along with two members nominated from the petitioner association is appointed to prepare a report on the condition of the schools. unregistered and unrecognized schools operating in the State and the steps to be taken to effectively implement the system of recognition and registration of those schools in a reasonable time, to be submitted to the Court for consideration.
VI. A writ in the nature of Mandamus should not be issued directing the Respondents No.2 & 3, during the pendency of this instant petition, to submit periodical/periodic reports as and when directed by the Hon’ble Court to submit to the Hon’ble Court. about compliance. of the Department of Primary and Secondary Education in relation to the provisions of Children’s Rights in the Free and Compulsory Education Act, 2009; Form No.1 of Annexure to Assam Child Rights to Free and Compulsory Education Rules, 2011, as well as Assam Non-Governmental Educational Institutions (Regulation and Management) Act, 2006.
VII. Pass such further order or other order, as your Lordship deems fit and proper in the interest of justice and to give full relief to the petitioners.”
Meanwhile, the Division Bench of Justice Rashmin Manharbhai Chhaya and Justice Soumitra Saikia noted that the petitioner had approached the Supreme Court to file a PIL where a joint bench of the Supreme Court passed the following order on 16.09.2021:
Heard Mr. M. Sarma, learned counsel for the petitioner. Also heard Mr. D.Saikia, learned Advocate General, Assam for the State.
In the present PIL the petitioner has filed directions to take necessary steps for implementation of Section 12(1)(c) of Right to Education (RTE) read with Rules 7 & 8 of the Assam Right to Education Act and Notifications issued thereon. .
Section 12(1)(c) of Children’s Right to Free and Compulsory Education Act, 2009 deals with the provision of free education by the State Government to the extent of at least 25% of the class strength, to children belonging to the weaker section. ah. and the disadvantaged group in the school district.
Mr. Saikia submits that the Government has already issued the necessary Office Memorandum on 02.09.2021 laying down the detailed instructions regarding the benefit to be provided under the above mentioned provision of the RTE Act.
In this regard we are of the view that there is nothing left to consider further in this PIL and if anyone has any concerns regarding the implementation of the said policy, in view of the Office Note dated 02.09.2021, it will come out. to approach the appropriate forum regarding dealing with his grievance.
In view of the above, the PIL is now disposed of. “
The Bench noted that the petitioner again approached the Secretary, Education Department of the Government of Assam by submitting a representation dated 02.05.2022 wherein similar complaints were raised.
The Supreme Court in the same and the same prayer decided that the Office Note dated 02.09.2021 laying down the detailed instructions regarding the benefit to be paid in terms of the provisions of the Right to Education Act, has been considered and is issued by the Supreme Court Coordination in the Order dated 16.09.2021 that if anyone has any complaint regarding the implementation of that policy, in terms of the Office Memorandum dated 02.09.2021, it is up to him to approach . The appropriate forum in that regard to correct his complaint, held the Chair.
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