The High Court of Jammu and Kashmir and Ladakh recently ordered the Jammu and Kashmir government to submit a status report on the steps taken to implement the Right to Free and Compulsory Education Act, 2009 (RTE Act) in the Union Territory.
Justices Rajnesh Oswal and Mohan Lal directed the government to file the status report by the next scheduled hearing date, i.e., April 5, 2023.
“Respondents shall file a status report on the steps taken by the respondents to positively implement the Right of Children to Free and Compulsory Education Act, 2009 by the next date of hearing, with particular reference to the schools as defined in Sections 2(n)(ii) and 2(n)(iv) of the said Act of 2009,” stated the order passed on March 1, 2023.
In addition, the Court asked the government to provide a list of aided and unaided private schools in the Union Territory.
The order was passed in response to a PIL filed by an NGO, ‘Young Lawyers Forum,’ represented by advocate Huzaif Ashraf Khanpori, seeking the implementation of the RTE Act in Jammu and Kashmir.
Advocate Huzaif Ashraf, who appeared on behalf of the petitioner, highlighted that it has been more than three years since the RTE Act became applicable in Jammu and Kashmir. Its applicability in Jammu and Kashmir had given children from marginalised and poor sections of society hope of access to education in private schools, which would otherwise be unaffordable and unimaginable for them, the Court was told.
The lawyer also highlighted that failure to implement the mandatory reservation provided for in Sections 12(1)(b) and 12(1)(c) of the RTE Act is a violation of the RTE Act’s statutory mandate.
Furthermore, he contended that such non-implementation is a continuing violation of the fundamental right to free and compulsory education guaranteed by Article 21A of the Constitution to children from weaker and disadvantaged communities. The case is listed for further hearing on April 5, 2023.
