SANDIP HARSHADRAY MUNJYASARA Vs. DIRECTORATE OF PRIMARY EDUCATION

JUDGEMENT

(1.) We have heard the petitioner-in-person and Ms. M.L. Shah, learned Government Pleader for the State respondents.

(2.) By means of this petition under Article 226 of the Constitution framed as Public Interest Litigation, the petitioner has prayed for the following reliefs:

(3.) In sum and substance, the petitioner has prayed that the respondent-State be directed to immediately start with the admission process for 25% students belonging to weaker sections and disadvantaged group under the provisions of the Right of Children to Free and Compulsory Education Act, 2009 ("Act of 2009" for short) for the academic year 2020-21. In this respect, the petitioner has also made representation to the Director of Primary Education on 24th February, 2020 (Annexure:C) to which reply has also been given by the Joint Director, Primary Education dated 3rd March, 2020. In the said reply, it has been stated that admission is being given free of cost under section 12(1)(c) of the Right of Children to Free and Compulsory Education Act, 2009 to the 25% students belonging to weaker section and disadvantaged group in Std.1 in the non-granted private primary schools in the State since academic year 2013-14. It is further stated in the reply that under the said scheme approximately 1,08,000 students were given admission, out of which about 94000 students had secured admission within time-limit by going to the concerned school. This year also vide letter dated 17th January, 2020, instruction is given by the office of the Director of Primary Education to the districts for initiating ancillary process under the admission process under the RTE Act. It is also stated in the reply that the petitioner has preferred WP (PIL) No.1 of 2020 in the High Court of Gujarat on 2nd January, 2020 for initiating admission process under the Act of 2009, wherein the Government Resolution dated 4th April, 2018 regarding existing RTE admission process has been challenged. It is further stated that as the issue in question is sub judice before the Hon'ble High Court, necessary action will be taken as per the order that may be passed by the Hon'ble High Court.