The Supreme Court on Monday asked the Centre and the Punjab Government to respond to a PIL alleging non-implementation of the Right of Children to Free and Compulsory Education (RTE) Act, 2009, in the state for the past 15 years.The petitioner, KS Raju Legal Trust, alleged that Section 12(1)(c) of the RTE Act requiring private unaided schools to reserve 25 per cent seats at the entry level for children belonging to economically weaker sections (EWS) and disadvantaged groups had not been implemented in the state.The CJI suggested to the petitioner to seek data via the RTI on the number of recognised private schools in a district such as Fazilka and whether these were affiliated to the CBSE or the state board, the total sanctioned seats, the number of students enrolled and also the number of those from the EWS.“We are issuing a notice…. Meanwhile, just do this. That will help us in understanding the issue,” a Bench of CJI Surya Kant and Justice V Mohana told the petitioner-in-person.The PIL has sought a direction for ensuring effective and continuous compliance with the provisions of the Act, including Section 12(1)(c) with regard to admission of at least 25 per cent children belonging to the EWS to Class I in private schools by the Punjab Government.It also sought a direction to the Centre to establish and ensure a transparent, time-bound and verifiable mechanism, including dashboards accessible to the public, for monitoring and securing compliance with Section 12 of the Act in Punjab on a continuing basis.There should be determination and publication of available seats, publication of admission schedules, accessible application process, reimbursement framework and enforcement of statutory consequences for non-compliance, the PIL demanded.“Have you been able to identify some schools which are not doing it,” the CJI asked the petitioner-in-person, who represented the petitioner organisation.The petitioner-in-person referred to the top court’s 2012 judgment that upheld the validity of the RTE Act, 2009.As the Bench referred to an affidavit earlier filed by the Punjab Government that stated that 476 EWS students were admitted to private schools, the petitioner-in-person pointed out that the number should have been around 50,000 as nearly two lakh students were admitted every year at the entry level in private schools in the state.“What is the government policy? Do they compensate the schools? We hope you are not fighting for these private schools that they want to be paid by the government,” the Bench told the petitioner-in-person during the hearing.The petitioner-in-person said the Act itself provided that the fee amount fixed by the government was to be paid to the schools. He said he was a former Joint Secretary in the Government of India who was involved in drafting the RTE Act, 2009, and that he had no interest in the private school sector.


