Civil Writ Petition No.10473 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.10473 of 2011 Date of Order: 17.08.2011 Baby Shabnam and others ...Petitioners Versus State of Haryana and others ..Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present:Ms. Veena Kumari, Advocate for the petitioners. Ms. Shruti Jain, AAG, Haryana for the respondents. RAJIVE BHALLA, J (Oral) The petitioners pray for issuance of a writ in the nature of mandamus directing the respondents to make appropriate arrangement for the elementary education of the petitioners and 61 other similarly situated children. Counsel for the petitioners submits that though 51 children have already been admitted to school, the State may be directed to ensure that remaining children are also admitted to an elementary school. Counsel for the State of Haryana submits that subject to the consent of the parents, the children will be admitted to a Civil Writ Petition No.10473 of 2011 -2- nearby elementary school. It is further pointed out that the parents of remaining children have refused to send their children to school. I have heard counsel for the parties and am sanguine in my belief, that Government shall ensure that the mandate of the Right of Children To Free and Compulsory Education Act, 2009 (hereinafter referred to as 'the Act'), does not become an empty platitude to childrens' rights and is not subverted by indifference or negligence. The Act has to be enforced and implemented with missionary zeal. The Act, is but a small step, in recognising the right of every child to receive education and though one may argue that it should have been extended to secondary education, the matter is best left to Parliament, to resolve. The duty to provide free and compulsory elementary education, to children between the age of 6 to 14 years lies with the appropriate Government, in this case, the State of Haryana. Section 3 of the Act provides that every child between the age of six to fourteen years shall have a right to free and compulsory education, in a neighbourhood school, till completion of elementary education. Section 4 extends this right to a child above 6 years who has not been admitted to a school or though admitted to a school, could not complete his or her elementary education. Section 8 of the Act, which defines “compulsory Civil Writ Petition No.10473 of 2011 -3- education”, reads as follows:- “8. Duties of appropriate Government: The appropriate Government shall--- (a) provide free and compulsory elementary education to every child: “Provided that where a child is admitted by his or her parents or guardian, as the case may be, in a school other than a school established, owned, controlled or substantially financed by funds provided directly or indirectly by the appropriate Government or a local authority, such child or his or her parents or guardian, as the case may be, shall not be entitled to make a claim for reimbursement of expenditure incurred on elementary education of the child in such other school. Explanation.--The term “compulsory education” means obligation of the appropriate Government to-- (i) provide free elementary education to every child of the age of six to fourteen years; and (ii) ensure compulsory admission, attendance and completion of elementary Civil Writ Petition No.10473 of 2011 -4- education by every child of the age of six to fourteen years; (b) ensure availability of a neighbourhood school as specified in section 6. (c) ensure that the child belonging to weaker section and the child belonging to disadvantaged group are not discriminated against and prevented from pursuing and completing elementary education on many grounds; (d) provide infrastructure including school building, teaching staff and learning equipment; (e) provide special training facility specified in section 4; (f) ensure and monitor admission, attendance and completion of elementary education by every child; (g) ensure good quality elementary education conforming to the standards and norms specified in the Schedule; (h) ensure timely prescribing of curriculum and courses of study for elementary education ; and (i) provide training facility for teachers; Civil Writ Petition No.10473 of 2011 -5- Sections 3 and 8 of the Act place a statutory obligation on the State to provide free and compulsory elementary education to every child between the age of 6 and 14 and ensure their admission, attendance and completion of education. The explanation appended to Section 8(a) defines “compulsory education” to mean the obligation of the appropriate Government to provide free elementary education. The State, therefore, cannot put forth an excuse that parents of children do not allow children to go to a school. The right to education, does not depend upon the consent or otherwise of a parent. The State, particularly, officers enjoined by statute to provide and ensure compulsory education must come forward to protect and enforce this right by identifying children who are not being sent to school and ensure that these children are admitted to an elementary school. Section 8(c) places an obligation on the government to ensure that children belonging to disadvantaged groups are not discriminated against or prevented from pursuing elementary education. The mandate of Section 8(c) must receive serious consideration. Children belonging to disadvantaged groups are likely to be excluded from the benefits of the Act, by reason of illiteracy, backwardness of parents, social taboos and customs, social oppression etc. Civil Writ Petition No.10473 of 2011 -6- In this view of the matter, the State of Haryana is directed to ensure that eligible children, are admitted to elementary neighbourhood schools. The State shall also issue necessary instructions and put in place a workable mechanism whereby children who are not going to school, or have dropped out of school are identified and ensure that such students are admitted to an elementary school, continue to attend school and complete their education. The officer, enjoined with this duty, may take the aid and assistance of social organisations/NGO's etc. to fulfill the objects of the Act. A copy of this order be handed over to Ms. Shruti Jain, Assistant Advocate General, Haryana, under signatures of the Court Secretary of this Court for being forwarded to the Chief Secretary, Haryana, for compliance and implementation in all parts of the State of Haryana. August 17, 2011 (RAJIVE BHALLA) nt JUDGE