RTE Admissions: Gauhati HC Criticises Assam Education Dept, Says ‘How Will The Poor Apply Online?’

The Gauhati High Court recently chastised the Assam education department for failing to enforce the Right to Education (RTE) Act in the state.

A Bench of Chief Justice (CJ) Sandeep Mehta and Justice Mitali Thakuria recently directed the concerned authorities to ensure that admissions are provided in accordance with the Act’s mandate.

During the hearing, the CJ grilled counsel about why there were no solid modalities or a dedicated portal was in place, and why such admissions were not being completed.

“You want them to apply online. They are already deprived. How will they apply?” CJI slammed.

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

The petitioners claimed that schools were charging money for admitting children or pressuring parents to sign blank undertakings.

When counsel for the respondents stated that modalities were being worked out and that children should apply accordingly if benefits were refused, CJ Mehta responded, “You work out the modalities. You must have a devolve criterion and a rational criterion…We’ll handle it day by day if necessary.”

When it was pointed out that a dedicated admissions portal was still in the works, the CJ asked counsel to explain the delay.

“When did the RTE Act go into effect? Take action or the Secretary will be paraded here. Where is your denial to the allegations made?” he chastised.

The Bench further added that it would consider ordering authorities to discontinue recognition of schools denying admissions, on being provided proof of the same.

The Secretary of the Department of School Education was ordered to appear in Court on the next day of hearing if the pending admissions and formalities were not completed.

The matter is listed for further consideration on May 24, 2023.