Chandigarh

HIGH COURT STRIKES DOWN PUNJAB’S UNCONSTITUTIONAL RULE ON RTE ACT

March 07, 2025 08:12 PM

PETITIONERS URGE CHIEF MINISTER TO ENSURE ENFORCEMENT OF 25% ADMISSION OF POOR KIDS IN PRIVATE SCHOOLS

Subhash Jindal/Chandigarh

The Punjab & Haryana High Court, in its interim decision on 19th February 2025, has declared Rule 7(4) of the Punjab Right to Education (RTE) Rules, 2011, ultra vires to Section 12(1)(c) of the RTE Act, 2009. The court has directed the Punjab Government to ensure strict enforcement of the 25% reservation for children from economically weaker sections and disadvantaged groups in unaided private schools for the 2025-26 academic session.

A Public Interest Litigation (PIL) challenging the unconstitutional provision was filed by Shri Jagmohan Singh Raju (Retd. Addl. Chief Secretary, Tamil Nadu cadre), Onkar Nath (Retd. Addl. Deputy CAG), Fatehjang Singh (Retd. Joint Director, Agriculture, Punjab), Kirpal Singh (Retd. Senior Officer, AG Punjab), and social activist Satnam Singh Gill. The PIL highlighted that Punjab’s government failed to implement the RTE Act’s mandate, depriving nearly 10 lakh students of quality education over the last 14 years, as per the CAG of India’s 2016 report.

Despite the constitutional obligation under Article 21A and the RTE Act, 2009, the successive State governments of Punjab imposed the unlawful requirement of a No Objection Certificate (NOC) from government schools before private schools could admit students under the 25% admission norms. This violation has now been struck down by the High Court.

For over a decade, the Punjab Government has deprived underprivileged children of their fundamental right to quality education by failing to enforce the RTE Act’s mandate. With the Punjab & Haryana High Court’s latest order, it is now imperative that the government acts swiftly to correct this grave injustice. We call upon the Chief Minister of Punjab Government to act without delay to ensure that thousands of children benefit from the 25% admission in private schools as mandated by law. Any further delay or non-compliance would be a contempt of court and a gross violation of children’s rights.

In light of the judgment, we urge the Chief Minister of Punjab to issue a fresh notification ensuring full compliance with Section 12(1)(c) of the RTE Act, 2009 without any further delay and ensure immediate and transparent admission of eligible students under the 25% quota in private schools for the academic session 2025-26.

Moreover, the Department of School Education, Punjab should be directed to actively monitor and enforce admissions as per the RTE Act. There is also need to launch an urgent state-wide awareness campaign via television, radio, newspapers, and social media to inform parents, students, and school authorities about this provision. In the circumstances, it is now essential for the Government to ensure immediate and strict implementation of the High Court’s ruling for admissions in the 2025-26 academic session.

Failure to act promptly would continue to deny underprivileged students their fundamental right to education. We call upon the Punjab Government to prioritize justice for these students and prevent further intellectual deprivation.

For over a decade, the Punjab Government has deprived underprivileged children of their fundamental right to quality education by failing to enforce the RTE Act’s mandate. With the Punjab & Haryana High Court’s latest order, it is now imperative that the government acts swiftly to correct this grave injustice.
We call upon the Chief Minister of Punjab Government to act without delay to ensure that thousands of children benefit from the 25% admission in private schools as mandated by law. Any further delay or non-compliance would be a contempt of court and a gross violation of children’s rights.

 
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