Plea in court over right to education rules for Delhi
October 11th, 2011 - 8:24 pm ICT by IANSNew Delhi, Oct 11 (IANS) An NGO has moved the Delhi High Court seeking direction to the Delhi government to frame rules to provide free and compulsory education to children in the national capital under the right to education (RTE) act.
Petitioner NGO Social Jurist filed the public interest litigation Monday, stating that the Delhi government did not seem to be serious about making and notifying rules as required under Section 38 of the Right of Children to Free and Compulsory Education Act, 2009. This had resulted in continuous violation of the right to education of lakhs of children in the capital.
Pleading that the government should be directed to issue the notification within a decided time period, petitioner’s counsel Ashok Agarwal said: “The government has failed to frame rules under the RTE Act, which came into force in 2009, and as a result children are deprived of the benefits under the act.”
The RTE Act mandates that no child would be liable to pay any fee or expense which may prevent him from completing the elementary education, the petition said.
“Providing free and compulsory education to children is the statutory obligation on the part of the government…,” Agarwal said.
The government’s failure to frame rules for the disadvantaged groups could be construed as non-implementation of the RTE Act, he said.
The petition said that judges of the court Aug 8 disposed the same petition with observation that “we hope and trust that if the rules are approved, the same shall be implemented as early as possible”.
“Nearly two months have lapsed since the division bench of this court passed its order, but till date the rules have not been notified,” counsel said.
He said Aug 8 the government made a statement that the draft rules had been finalised and placed before the cabinet for approval.
The petitioner said that the government had framed the draft rules as early as June 24, 2010, but till now these have not been notified.
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Tags: ashok agarwal, compulsory education act, delhi government, delhi high court, disadvantaged groups, division bench, draft rules, education rules, elementary education, jurist, lakhs, New Delhi, ngo, oct 11, petitioner, public interest litigation, rte, section 38, statutory obligation, which came into force