“It’s A Disgrace That Court Have To Assist Students Trying To Get Admissions Under RTE”: Gauhati HC

The Gauhati High Court recently lamented that it had to intervene multiple times to assure admissions for poor kids in Guwahati’s private schools under the Right to Education (RTE) Act.

A Bench comprising Chief Justice (CJ) Sandeep Mehta and Justice Mitali Thakuria asked the State Education Department’s counsel what action was being done against schools that had charged students for such admissions in the first place.

“Ask your officers to ensure complete compliance. It is disgraceful that the Court is forced to assist children who are attempting to get admission under RTE. Why was the fee imposed in the first place? What steps were taken? The fact that all fees were refunded gives rise to the notion that they were charged. What is the charging action? What was the initial reason for collecting fees from students admitted under RTE?” CJ Mehta remarked.

The Court was considering a public interest litigation (PIL) concerning the RTE Act’s implementation.

The Secretary of Department of Secondary School Education, who was present in Court under the Court’s previous order, was asked to ensure that the Act was followed.

“The court does not need to state its intentions; it is up to you to carry out the exercise. The act is self-explanatory; no further directions is required.”

The Bench was outraged that South Point School was charging fees from children admitted under the RTE Act.

“These are bills issued by your school. How could you possibly charge any fees? Keep in mind, sir, that if we discover this infringement, we will ask that your registration be cancelled immediately. Even if we discover that only one child was denied admission, your school would be in hot waters,” the CJ warned.

The Bench emphasised that, regardless of the current PIL, schools are required by the RTE Act to enroll eligible poor children.

“What kind of argument is it that you want a direction from this Court?” the CJ asked the private school’s counsel.

The Bench scheduled the case for May 29 and asked the responsible authorities to take appropriate measures if there were any violations of its previous orders to strictly adhere to the provisions of the Act.

At the previous hearing, the Bench chastised the Assam education department for failing to implement concrete modalities or a dedicated portal, and for failing to complete admissions.

“You want them to apply online. They are already deprived. How will they apply?” the CJ remarked previously.