Recently, the High Court of Gauhati directed the Assam Government to implement the policy framed under Section 12(1)(c) of the Right of Children to Free and Compulsory Education Act, 2009 (the Act of 2009). The division bench headed by Justice Achintya Malla Bujor Barua and Justice Robin Phukan hearing a PIL filed by Debargha Roy which sought the directions for implementation of the requirement of Section 12(1)(c) of the Act of 2009 which states that a school shall admit in class I, to the extent of at least twenty-five per cent of the strength of that class, children belonging to weaker section and disadvantaged group in the neighbourhood and provide free and compulsory elementary education till its completion.

The Court observed -

“There is a requirement to implement the policy/guidelines provided in the office memorandum dated 02.09.2021 as regards the admission benefits in the unaided, non-minority institutions as provided under Section 12(1)(c) of the Act of 2009, we accordingly direct the respondent authorities to do the needful as may be required to implement the policy/guidelines contained in the office memorandum dated 02.09.2021 so that the benefits provided therein are made available to the children belonging to the weaker section and disadvantaged group by availing the benefits of free and compulsory elementary education till its completion, for the academic year 2023-24 as well as subsequent academic years.”

Roy also highlighted that the Government of Assam has issued detailed guidelines vide office memorandum dated September 2, 2021, with regards to the benefits which will be offered in terms of Section 12(1)(c) of the Act of 2009, but the effective implementation of the said guidelines have not been made yet.

He further, observed that the State Education Department shall officially announce the issuance of admission forms under Section 12(1)(c) under the Act of 2009 through websites, regional newspapers and reliable media. The memorandum also provides that the admission forms can be received free of cost from the respective schools.

The Bench directed the state government to implement the guidelines framed and issued by it vide office memorandum dated September 2, 2021. The court further held: “If any such unaided, non-minority educational institutions do not comply with the requirement, appropriate action may be taken as provided under the relevant provisions of the Act of 2009.”

The Court also issued orders for the Elementary Education Department to officially announce the admission and the issuance of admission forms under Section 12(1)(c) through websites, regional newspapers and reliable media on or before March 14, 2023, and to ensure that the respective unaided, non-minority schools are made to issue the said notice by March 15, 2023.