The Karnataka High Court raps State government on failure to provide two sets of uniforms, shoes, and socks for free to elementary school students.
A bench of Justice B. Veerappa and Justice K.S. Hemalekha was hearing a contempt petition filed by a guardian of a student of 3rd student, against the State for failing to properly comply with the High Court’s 2019 order which ruled that providing two sets of uniforms was mandated by the Right to Education Act, 2009.
Justice Veerappa stated orally that such a lapse is a matter of embarrassment for the government.
“To play with the children to play with the Court…Spending for unnecessary things(in) crores-crores! Education is your fundamental duty!…Sir, the children’s plight…education…we will not tolerate these things…Is this not a shame on the State government?…This is unfortunate”, Justice Veerappa remarked during the course of the hearing.
The Court also expressed concern about the apparent step-motherly treatment of government school students in comparison to students who can afford to attend private schools.
The bench further took critical note that a government order passed in June 2021 only provided for giving one set of uniforms to government school students.
An affidavit filed by a State authority revealed that money had been transferred to the school headmasters for the purchase of uniforms, socks, and shoes. The Court noted this in its order, but expressed concern that this would not ensure that such funds reached the intended recipients, namely the students.
During the hearing, the bench inquired whether any authority had been designated to oversee the situation. In its order, the Court concluded that there is no clarity in the affidavit as to whether the State has strictly followed the High Court’s earlier directions.
“God only knows whether it really reached the beneficiaries, the students and fulfilled the objects of the provisions of the RTE Act,” the Court commented.
The bench went on to say that it is past time for the state to wake up and fulfil its fundamental duty of providing school uniforms to government school students aged 6 to 14. This obligation is enshrined in Section 3 of the RTE Act, as well as Articles 21A and 45 of the Indian Constitution (dealing with free and compulsory education for children between the ages of 6-14 years).
The case involves the implementation of a 2019 order issued by a High Court bench led by the Chief Justice, in which the State was given two months to provide two sets of uniforms to students enrolled in government schools.
In that case, the Court concluded that the duty to provide uniforms is inherent under Section 3 of the RTE Act, and it was also noted that Rule 5 of the State’s Rules recognised this duty.
