Background Matrix 

In the case of We for Guwahati Foundation and Ors v. State of Assam and Ors A public interest litigation (PIL) complaint concerning the RTE Act’s execution.

Submission from parties 

The arguments given by private schools for delaying the admission of children under the RTE Act were emphasised by the education department’s legal counsel. While some schools claimed to be centred on board exams, others said that parents had not directly applied under the Act. Further, the education department’s legal representative, argues that those schools have been given show-cause warnings. It was alleged that the parents in certain circumstances hadn’t completed all the requirements. He gave the example of a student who only purchased uniforms from the relevant institution and did not purchase any other supplies.

The petitioner’s attorney talked about updates on pending admissions and money refunds Four private schools in Guwahati were accused of continuing to violate the Act by either turning away students who applied for admission under the Act or by charging them fees.

Conclusion of the court 

Arun Dev Choudhury and Chief Justice Sandeep Mehta of the Gauhati High Court directed the Assam education department authorities to check that the Right to Education Act was being implemented and to dismiss the flimsy justifications offered by Guwahati-area private schools.

The CJ had expressed his displeasure at the High Court’s frequent interventions in the case during prior hearings. The Court had also expressed its disapproval of South Point School’s practise of charging tuition to pupils admitted under the RTE Act and had made suggestions for derecognition orders should the allegations prove to be accurate.

The bench disagreed with the claim that school-purchased items are never optional. Almost all schools pressure parents to do that. Never, ever base your decisions on what the CJ said. The council said that although the State’s RTE admissions portal was still in its “nascent” stages, parents still had to visit the schools to obtain and turn in the necessary paperwork. The case was scheduled for hearing the next day, June 1st, by the court.