In a recent legal development, the High Court of Jammu & Kashmir, presided over by a Division Bench consisting of Chief Justice N. Kotiswar Singh and Justice Mohd Yousuf Wani, during the hearing of a Public Interest Litigation (PIL) filed by the Young Lawyers Forum {Kashmir}, aimed at enforcing section 12 of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act), directed the respondent authorities to provide detailed updates on the progress made in formulating the necessary rules to implement the provisions of the RTE Act.
The Court, having previously sought a status report on the implementation status of the Right to Free and Compulsory Education Act, received a response from the respondents indicating that they were in the process of formulating rules under the RTE Act. In light of this, the Court emphasized the crucial importance of being apprised of the current status of the ongoing work or process initiated towards formulating the necessary rules for the effective implementation of the RTE Act.
The Court underscored the gravity of the situation, expressing concerns that the absence of formulated rules for the implementation of the RTE Act might potentially undermine the constitutional obligation of the State. It stressed the imperative for the State to ensure the proper implementation of the Act to uphold the fundamental right to education for all children.
Considering the significance of ensuring the effective implementation of the RTE Act, the Court deemed any further delay in the process as unacceptable. Consequently, the Court scheduled the matter for further hearing on May 15, granting the State sufficient time to furnish the necessary updates on the progress made in implementing the RTE Act.
Furthermore, the Court directed the respondent authorities to submit a comprehensive list of government-aided schools in Jammu & Kashmir that are presently imparting free education in accordance with the RTE Act.
Mr. Huzaif Ashraf, Advocate appearing for Young Lawyers Forum, reiterated the significance of the PIL, emphasizing that ensuring the effective implementation of the Right to Education Act is not only a legal obligation but also a moral imperative. He underscored the collective responsibility to uphold every child’s right to access quality education.
“ I see it as our collective responsibility to champion this cause tirelessly. We must ensure that no child is left behind, that no barrier obstructs their path to knowledge. Education isn’t just a privilege; it’s a fundamental right, enshrined in our Constitution.” Huzaif said
