NAMITA MANIKTALA Vs. STATE OF H.P.

JUDGEMENT

(1.) This petition has been instituted as pro-bono-publico raising seminal issue in regard to the implementation and enforcement of the provisions of Sec. 12 (i) of Right of Children to Free and Compulsory Education Act, 2009 (for short '2009 Act') more particularly with respect to providing 25% free seats to students of weaker section and disadvantaged group in all privately managed aided schools and privately managed non minority unaided schools. It is further prayed that the respondents be directed to ensure that the provisions of the Act are implemented within the State of Himachal Pradesh in all categories of schools ensuring free and compulsory elementary education to the children and lastly, a prayer is made that the State be directed to constitute State Commission for the Protection of Child Rights under the provision of Commission for Protection of Child Rights Act, 2005.

(2.) The State Government had initially promulgated the Rules known as "Right of Children to Free and Compulsory Education, Himachal Pradesh Rules, 2011", however, after filing of the writ petition, the same were amended vide notification No. EDN-C-F(10)- 8/2009-L dated 16th March, 2013 whereby Rule 5 was amended by inserting Rules 5-A and 5-B.

(3.) The other impact which the instant petition had was that the State Government vide letter dated 20.4.2013 issued guidelines for admission of children belonging to weaker section and disadvantaged group as per provisions contained in Sec. 12 of the Act.