BOODATI RADHA KRISHNAIAH Vs. STATE PROJECT DIRECTOR SARVA SIKSHA ABHIYAN SSA AND RAJIV VIDYA MISSION HYDRABAD

JUDGEMENT

(1.) As the subject matter of the dispute raised in these Writ Petitions is common, they are heard and being disposed of together. In order to translate Article 21-A of the Constitution of India, conferring fundamental right on the children of the age group of 6 to 14 years to free and compulsory education into a reality, the Parliament has enacted The Right of Children to Free and Compulsory Education Act, 2009 (for short "the RTE Act"). As a part of implementation of the provisions of the RTE Act, the Government of India evidently initiated several measures. One such measure is providing free uniforms for all the children belonging to SC/ST/BPL families studying in Government schools. The Government of India, Ministry of Human Resources Development, Department of School Education and Literacy, addressed letter No. 15/4/2011-SSA(PR), dated 8-6-2011 to State Project Director, Rajiv Vidya Mission (Sarva Siksha Abhiyan)- Respondent No. 1 (for short "RVM") in all these Writ Petitions. It is inter alia stated in this letter that as it was noticed that uniforms constitute an expense which poor families are often not able to afford and with a view to mitigate this problem, a scheme for provision of two sets of uniform for all girls belonging to SC/ST/BPL families studying in Government schools within a ceiling of Rs. 400/- per child per annum, has been introduced under Sarva Siksha Abhiyan (SSA) and included in the revised SSA Framework of Implementation. It is suggested that in order to access the Government of India (GOI) funds, the Right to Education Rules of the States must notify uniforms as a child entitlement which would enable the boys of Above Poverty Line (APL) category to get uniforms under the State funds. The letter has laid down detailed norms for procurement of the uniforms. I shall advert to these details at an appropriate stage.

(2.) Purporting to give effect to the above mentioned letter of the GOI, the RVM has evolved a methodology for short-listing Composite Mills which can supply uniforms to the respective Government schools in the State. The document under which the methodology is laid down and norms fixed is titled 'Expression of Interest (EOI) from the Composite Textile Mills for Empanelment' (for short "EOI"). In pursuance of the EOI, 21 applications were received by the RVM. The petitioners in W.P. Nos. 861/2012 and 5114/2012 also submitted their EOI applications. A Central Government organization by name Rail India Technical and Economical Society Limited (RITES) was appointed as the Technical Consultant and on the guidance of this Consultant, the RVM has short-listed four mills which are Respondent Nos. 5 to 8 in W.P. No. 5114/2012, who are also Respondent Nos. 4 to 7 in W.P. No. 15738/2012 (For convenience, the parties are hereinafter referred as they are arrayed in W.P. No. 5114/2012). Subsequently, the National Textiles Corporation (NTC) and A.P. Handloom Weavers' Co-operative Society Limited (APCO), a State Level society funded by the Government of Andhra Pradesh, were also added to the list for two Districts each.

(3.) As noted hereinabove, except the petitioners in W.P. No. 15738/2012, the petitioners in W.P. Nos. 861/2012 and 5114/2012 have filed their EOI applications. However, as admittedly they did not satisfy the requirements laid down in the EOI, they were not short-listed for empanelment. Feeling aggrieved by their exclusion from the short-listed panel, the petitioners in these two Writ Petitions have filed the said Writ Petitions.