CHILDREN WELFARE ASSOCIATION Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. D. Chakraborty, learned Counsel for the petitioner, Mr. A.C. Buragohain, learned Advocate General, Assam assisted by Mr. B.J. Ghosh, learned Government Advocate, Assam and Ms. J. Huda, learned Central Government Counsel.

(2.) THIS petition under Article 226 of the Constitution of India has been filed in the form of a Public Interest Litigation (PIL) by a non -Government organization (NGO) called Children Welfare Association highlighting various issues confronting pre -elementary or pre -primary education in the State of Assam, more particularly the issue relating to admission. Petitioner seeks a direction to the respondents, more particularly the State of Assam in the Elementary Education Department, to lay down guidelines for un -aided private schools imparting education at pre -elementary education stage i.e. at the stage of Nursery and Kinder -garden (KG).

(3.) AN affidavit has been filed by the Ministry of Human Resource Development, Government of India. Reference has been made to the provisions of Article 21A of the Constitution of India which mandates the State to provide free and compulsory education to all children in the age group of 6 to 14 years. Further reference has been made to the provisions of Right of Children to Free and Compulsory Education Act, 2009 ('2009 Act' hereafter). It is however stated that it is for the Education Department, Government of Assam to formulate guidelines and policies to be followed by the private schools in terms of the 2009 Act.