Yesterday, the Gauhati High Court directed the Education Department of the state to provide admission to the 49 students under the EWS quota whose applications are pending  under the Right of Children to Free and Compulsory Education Act, 2009,

The division bench comprising Chief Justice Sandeep Mehta and Justice Mitali Thakuria further ditched the Secretary and the Department of School Education, to remain present in the court on the next date of listing, which is May 24.

The bench orders in a PIL on the issue of non-implementation of Section 12(1)(c) of the RTE Act in the various schools of Assam.

The petitioners in its PIL submitted that the State has already issued requisite notifications mandating all the un-aided educational institutions to ensure strict compliance with the mandate of Section 12(1)(c) of the RTE Act, yet, many of these institutions have refused to admit the children in the current academic session

Further mentioned Section 12(1)(c) of the RTE Act mandates private schools shall admit in class I, to the extent of at least 25% of the strength of that class, children belonging to weaker sections and disadvantaged groups in the neighbourhood and provide free and compulsory elementary education till its completion.

The court on April 12 issued notice to the State and private respondents and further directed the Secretary to the Government of Assam, Education (Elementary) Department to look into the matter and ensure that the children, whose names were provided in the list, are immediately provided admissions into the schools concerned.

During the hearing, the petitioner submitted that only 15 have been provided admissions under the RTE Act.

Petitioner also mentioned that some schools are charging fees from the children, who have been admitted under the RTE Act.

Case Title: We for Guwahati Foundation & 2 Ors. v. The State of Assam & 23 Ors.