Thursday, September 28, 2023

Patna High Court dismisses PIL alleging schools not complying provisions of RTE Act

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The Patna High Court dismissed a Public Interest Litigation (PIL) filed alleging that the schools are not complying with the provisions of the Rights of Children to Free and Compulsory Education Act, 2009.

The PIL filed by one Prem Kumar further alleged that the schools are not extending the benefits of the said Act as such children between age 6 to 14 years are not being provided free and compulsory education.

Having gone through the provisions of the RTE Act, the division bench comprising Chief Justice K. Vinod Chandran and Justice Madhuresh Prasad found that the RTE Act enables effective monitoring of all requisite standards including the powers to issue directions, which powers have been conferred upon the Commission for Protection of Child Rights established at the State level and the National level as well as the appropriate Government and Local Authority, as the case may be depending upon the school.

From the petition, the Court noted that the petitioner who claims to be interested in enforcement of the RTE Act, has not taken any steps in this regard by approaching any of the authorities specified under the RTE Act raising any specific grievance. Without doing so, he has approached this Court by making vague and sweeping allegations alleging deficiencies in implementation of the RTE Act.

The Bench in the circumstances, was not inclined to proceed with the matter as a PIL and leave it to the petitioner to invoke the remedies available under the RTE Act.

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