SANDIP HARSHADRAY MUNJYASARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present petition is filed by the petitioner - party in person in the nature of Public Interest Litigation espousing the public cause wherein the petitioner has prayed for implementation of the provisions of the Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as "RTE Act") and the Rules framed thereunder called the Right of Children to Free and Compulsory Education Rules, 2012 (hereinafter referred to as "RTE Rules") in its true spirit and fully.

(2.) It is the case on behalf of the petitioner that that as per Section 12(1)(c) of the RTE Act, a school specified in sub-clauses (iii) and (iv) of section 2(n) of the RTE Act shall admit in Std.I to the extent of atleast 25% of the strength of that class, children belonging to weaker sections and disadvantaged group in the neighborhood and provide free and compulsory elementary education till its completion. It is the case on behalf of the petitioner that all 25% of the seats in the primary schools granted recognition in the year shall be offered for admission under the RTE Act to the students belonging to the weaker section of the society and under-priveleged class. It is the case on behalf of the petitioner that for the current academic year 2017-18, new primary schools which were granted approval/recognition in the month of May/June 2017 onwards are not subjected to the RTE Act and 25% of the seats in those schools are not offered for admission under the RTE Act, thereby the object and purpose of the RTE Act and the RTE Rules are frustrated. It is the case on behalf of the petitioner that even according to the respondents, for the year 2017-18, approximately 55,000 students are enrolled under the RTE Act. However the number of applicants are much more than the students enrolled under the RTE Act. Therefore, it is the case on behalf of the petitioner that if 25% of the seats in those primary schools which are granted the recognition in the month of May/June 2017 or thereafter are offered and/or kept reserved under the RTE Act, in that case all those remaining students would have got the admission and the object and purpose of the RTE Act would be achieved. Making above submissions it is requested to direct the respondents to consider all the schools which are granted approval/recognition in the particular year for admission under the RTE Act.

(3.) Ms. Manisha Lavkumar, learned Government Pleader has appeared on behalf of the respondent State Authorities. An affidavit in reply is filed on behalf of the respondents more particularly on behalf of respondent No.2 affirmed by one Shri Shankerlal Chaudhary, Deputy Director, Primary Education, Gandhinagar. It is submitted that for bringing transparency in the admission process under the RTE Act, the respondent authorities for the academic year 2017-18 had constituted a web-portal viz. www.rtegujarat.org. That the parents of the aspiring students were required to fill online application forms and select their choice of school. It is stated that for the academic year 2016-17, the respondent authorities have granted admission to almost 46,000 students, whereas for the year 2017-18, 55,000 students are enrolled on the RTE Act. It is stated that in order to facilitate parents of aspiring students a total 490 receiving centres were constituted by the respondent Authorities. It is stated that at the receiving centres, the officials of the respondent Authorities were entrusted with the task of filling oneline forms on behalf of the parents who were not in a position to complete the necessary formalities. It is stated that the respondent State had issued a Government Resolution dated 23.05.2013 wherein mechanism was established for granting admission to the children of weaker and disadvantaged groups as provided under the RTE Act. It is stated that the respondent Authorities are following the mechanism as envisaged vide Government Resolution dates 23.05.2013 for granting admissions to the children of weaker section and disadvantaged groups. It is stated that for granting admission under the RTE Act for the academic year 2017-18, the respondent Authorities had published advertisement in all leading newspapers across the State of Gujarat on 20.02.2017. It is submitted that in the said advertisement it was declared that the parents of the aspiring students shall be required to fill the online application form between 21.02.2017 to 15.03.2017. It is stated that as on the date of publication of the advertisement, the respondent Authorities had enlisted the names of all the schools holding a valid recognition from the respondent Authorities. It is submitted that therefore the submission on behalf of the petitioner that hundreds of non-granted private primary schools are not listed on the webportal is factually incorrect. 3.1 It is further stated in the affidavit in reply that the respondent Authorities had initiated the process for giving recognition to non-granted private primary schools between 05.01.2017 to 04.02.2017. It is stated that the time limit for submitting online application for giving recognition to new non-granted private primary schools was renewed and the prescribed forms were once again accepted by the respondent Authorities from 05.04.2017 to 14.04.2017. It is stated that accordingly the exercise for giving recognition to new non-granted private primary school was carried out at District level in the month of May, June and July 2017. It is stated that however in the meantime, the process for accepting applications from aspiring students for admission under the RTE Act was initiated in the month of February, 2017. Hence, the new schools that were accorded recognition in the month of May/June/July 2017 by no stretch of imagination could be enlisted by the respondent Authorities in the month of February 2017. It is stated that 25% of the seats of new non-granted private primary schools that were accorded recognition shall be offered to aspiring and deserving students for the academic year 2018-19. Therefore, as such it was the case on behalf of the respondent Authorities that the admission under the RTE Act are granted and all the seats which were available as on 20.02.2017 were offered for admission under the RTE Act and as such are filled in by the students belonging to weaker sections/under-priveleged class.