Supreme Court Warns Telangana, Punjab & J&K Over Right To Education (RTE) Act Delay: Chief Secretaries May Face Summons

The Supreme Court expressed frustration over Telangana, Punjab, and Jammu & Kashmir for failing to respond to a plea seeking enforcement of the Right to Education (RTE) Act. Despite receiving notices, they have not submitted replies, delaying the case. The Court warned that if responses are not filed before the next hearing, the Chief Secretaries of these States must appear in person. The case, filed by Md Imran Ahmad, aims to ensure that private schools reserve 25% of entry-level seats for underprivileged children, as mandated by the RTE Act.

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NEW DELHI: The Supreme Court of India on Tuesday expressed displeasure over the delay caused by the States of Telangana, Punjab, and the Union Territory of Jammu & Kashmir in responding to a public interest litigation (PIL) petition.

This petition was filed to enforce the Right to Education (RTE) Act, ensuring that underprivileged children get their rightful education.

A group of three judges, Justice Vikram Nath, Justice Sanjay Karol, and Justice Sandeep Mehta, pointed out that the failure of these States and Union Territory to submit their replies was holding up the proceedings in the case.

“Despite service of notice, no one has entered appearance on behalf of three States i.e. State of Telangana, State of Punjab and State of Jammu & Kashmir. Neither responses nor counter affidavits have been filed by them. They have not even filed their responses whereas rest others States have already filed their responses. The matter is being delayed due to non-filing of responses of these three States,”

-the Court said.

Seeing the delay, the Court warned that if these States and the Union Territory do not file their responses before the next hearing, their Chief Secretaries would have to appear in person before the Court.

“We direct the Chief Secretaries of the concerned States to remain present on the next date, in case no response is filed by the said States. In case the response is filed and States are duly represented, the presence of the Chief Secretaries would not be necessary,”

-the order stated.

This petition was filed by a person named Md Imran Ahmad through his lawyer Ayush Negi. The plea demands that Section 12(1)(c) of the Right to Education (RTE) Act be properly implemented.

According to this law, all private schools that do not belong to minority groups and do not receive government aid must reserve at least 25% of their seats at the entry-level for children from weaker and disadvantaged backgrounds.

The Supreme Court had sent notices regarding this matter to both the Central Government and all the States in February 2023, but these three States have failed to respond, leading to unnecessary delays in ensuring education for underprivileged children.

CASE TITLE:
Md. Imran Ahmad v. Union of India.

Click Here to Read Previous Reports on RTE Act

author

Vaibhav Ojha

ADVOCATE | LLM | BBA.LLB | SENIOR LEGAL EDITOR @ LAW CHAKRA

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