[Right to Education] Shameful that we have to come to aid of students trying for admissions: Gauhati High Court

The Gauhati High Court on Wednesday lamented the fact that it has had to make repeated interventions to ensure admissions for poor students in Guwahati's private schools, under the Right to Education (RTE) Act. [We for Guwahati Foundation and ors v. State of Assam and ors].A Bench of Chief Justice (CJ) Sandeep Mehta and Justice Mitali Thakuria asked counsel for the State Education Department as to what action is being taken against schools that had charged students for such admissions in the first place."Ask your officers to ensure full compliance. This is shameful that the Court is required to come to the aid of the children who are trying to get admission under RTE. Why the fee was at all charged? What action was taken? All [fees] being returned gives rise to the fact that they were charged. What action for charging? What was the occasion at first instance to take fees from students admitted under RTE?" CJ Mehta remarked..The Court was hearing a public interest litigation (PIL) regarding the implementation of the RTE Act.The Secretary of the Department of Secondary School Education, who was present in Court as per its last order, was asked to ensure implementation of the Act."Court need not make its intentions clear, it is for you to do the exercise. Act is very clear, no direction needs to be given."The Bench took strong exception to South Point School charging fees from students admitted under the RTE Act."These are bills issued by your school. How could you charge fees at all? Mind it sir, if we find this infringement, we will ask them to immediately cancel your registration. Even if we find one child has been denied admission, your school will be in hot waters," the CJ warned.The Bench stressed that regardless of the instant PIL, it is an obligation of schools to admit eligible poor students under the RTE Act."What kind of argument is it that you want a direction from this Court?" the CJ asked counsel for the private school..The Bench listed the matter next for May 29, and asked the concerned authorities to take appropriate action in case there were violations of its earlier orders to strictly adhere to the provisions of Act..At the last hearing, the Bench had taken the Assam education department to task after it was stated that no concrete modalities or dedicated portal was in place, and admissions were not being completed."You want these people to apply online. They are already deprived. How will they apply?" the CJ had remarked..The petitioner-organisation was represented by Advocates Anita Verma (who is also a party in-person in the case) and Sudakshina Khanikar.Advocate R Mazumdar appeared for the respondents..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.