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Gujarat High Court · body

2018 DIGILAW 681 (GUJ)

SANDIP HARSHADRAY MUNJYASARA v. STATE OF GUJARAT

2018-05-03

A.Y.KOGJE, M.R.SHAH

body2018
JUDGMENT/ORDER : M.R. Shah, J. Present Public Interest Litigation has been preferred by the petitioner herein praying for the following reliefs; (A) Your Lordship may be pleased to issue appropriate writ, order or directions to the respondents to, (I) Display list of all children admitted in Class I of each primary schools during academic year 2017-18 alongwith details including whether children are admitted on RTE seats or non RTE seats as well as children belonging to weaker section or disadvantage group and other necessary details on web portal (www rtegujarat.org) and or notice board of respective DEO, DPEO and School. (II) To prepare and submit the reports in Hon'ble High Court of Gujarat and also publish on official RTE web portal (www rtegujarat.org) describing, (a) list of schools who have shown less seats of Class I compared to actual enrollment in their Class I alongwith their DISE code, District, Taluka, Block /Village, Address, Actual Enrollment in Class I and seats shown on web portal during 2017-18 RTE Admission process. (b) list of schools who have been escaped during 2017-18 RTE admission process alongwith their DISE Code, District, Taluka, Block /Village, Address, Actual Enrollment in Class I etc. (c) list of schools who have been recognized during academic year 2017-18 & 2018-19 alongwith their DISE code, District, Taluka, Block /Village, Address. 2. It is the case on behalf of the petitioner that to have transparency in implementation of the RTE Act for the academic year 2018-19 and to see that the object and purpose of the RTE Act is achieved and the actual benefit reaches to the concerned beneficiaries for whom the RTE Act is enacted, the reliefs sought in the present petition may be allowed /granted. [2.1] In the further affidavit dated 01/05/2018, it is pointed out that when the applications are invited on-line for admission under the RTE Act for the academic year 2018-19 many schools are kept out of the purview of the RTE Act and thereby denying the rights, which is accrued in favour of the weaker section of the society for whose benefit the RTE Act is enacted. It is also further submitted that as such in the year 2017-18 in fact all the 25% seats were not offered for admission. It is also further submitted that as such in the year 2017-18 in fact all the 25% seats were not offered for admission. The State in fact fixed the target of only 60, 000 and the remaining seats, out of 25%, were not offered for admission to the weaker section of the society. It is submitted that the aforesaid is contrary to Section 12(1) (c) of the RTE Act 2009. Making the above submissions and relying upon the provisions of the RTE Act, the petitioner has requested to issue appropriate directions to the State authorities so as to have transparency in the admission process so that maximum students belonging to the weaker section of the society may get admission in the schools of their choice within the 25% seats reserved as per Section 12(1) (c) of the RTE Act. 3. On an advance copy being served, Ms. Manisha Lavkumar, learned Government Pleader has appeared on behalf of the respondents State authorities. An affidavit-in-reply is filed on behalf of the respondents State authorities affirmed by the Deputy Director, Primary Education, Gandhinagar. She has placed on record the relevant material in support of the submissions on behalf of the respondents State authorities that the admission process under the RTE Act is absolutely in transparent manner and all efforts are being made by the State authorities to see that the object and purpose of the RTE Act is achieved and all the 25% of the seats are offered for admission to the eligible students. It is submitted that all efforts are being made to see that all the schools notify the seats in their respective schools and the same are actually verified by the appropriate authorities so that no school is escaped from the purview of the RTE Act. She has submitted that following steps are taken and /or being taken by the State Government for the better and effective implementation of the RTE Act and the entire admission process under the RTE Act is undertaken in a transparent manner. She has submitted that following steps are taken and /or being taken by the State Government for the better and effective implementation of the RTE Act and the entire admission process under the RTE Act is undertaken in a transparent manner. She has submitted that the following steps /procedure is being undertaken by the State Government for better and effective implementation of the RTE Act and to have transparency in the admission under the RTE Act; The State Government for better and effective implementation of the Right to Children to Free and Compulsory Education Act, 2009 (RTE Act) has developed an on-line portal www rtegujarat.org. Any eligible candidate can apply on-line by accessing the said portal. In the academic year 2017-18 the State Government had received 81271 applications of which 74197 students were granted admission in recognized schools under the RTE Act. For the academic year 2018-19 applications are invited for the admission in Standard 1 under the RTE Act, 2009 in 9855 recognized schools (i.e. all the recognized schools across the State of Gujarat). The last date for submission of application is 05/05/2018. All DPEO /DEO of 33 districts and 7 Municipal Corporation have certified that no school in their district is left out of purview of the RTE Act. For the academic year 2018-19 the State Government as on 30/04/2018 has received approximately 1, 27, 000 applications on the web portal. The applications that are uploaded by the eligible candidates includes the details of children like their names, income of the parents, standard in which admission is sought for, preferences of schools, their residential addresses etc. The web portal displays the name of the schools, the medium of education imparted by such schools, recognized board, district, school type [i.e. whether the school provides education to boys, girls, co-ed etc.]. The State Government has also provided the details of total number of seats that are available under the RTE Act for eligible candidates. The web portal is linked with Google Maps. Hence, once an eligible candidates uploads the prescribed form on web portal, the details of eligible schools within the radius of 6 kms alongwith the exact distance from his residence shall be available to the students. The students can decide the preference in which he /she wishes to get admission. The web portal is linked with Google Maps. Hence, once an eligible candidates uploads the prescribed form on web portal, the details of eligible schools within the radius of 6 kms alongwith the exact distance from his residence shall be available to the students. The students can decide the preference in which he /she wishes to get admission. 575 verifiers have been appointed for 33 district and 7 corporations to verify the actual strength in each class of Standard 1 in each school and after verifying the data the same is endorsed and acknowledged with signature of the Principal of the schools. Photograph of the school are also taken for providing exact geographical location which is thereafter uploaded on the website. 545 receiving centers are working for assisting the parents in 33 districts and 7 Municipal Corporation. In each district receiving centers are established who shall receive complaints from aggrieved persons and the complaints shall be accordingly redressed. The website is most user-friendly and at a click of button the numbers of schools within 6 kms are displayed, the distance between the applicant's residence to school is also displayed. In the current academic year approximately 1, 05, 000 will be given under the RTE Act. For better and effective implementation of the RTE Act the State Government has issued a resolution dated 04/04/2018. The purpose for issuance of the said resolution dated 04/04/2018 was to decide the mechanism for granting admission to the eligible children under the RTE Act. As per the relevant clauses of the resolution dated 04/04/2018 in order to calculate the number of students that shall be granted admission under the RTE Act, the number of students enrolled by the particular school for the previous academic year i.e. 2017-18 shall be taken into consideration. In other words 25% seats of the total number of students enrolled by a particular school in the previous academic year i.e. 2017-18 shall be offered to be eligible candidates under the RTE Act for the current academic year i.e. 2018-19. 4. Having heard the petitioner party-in-person and Ms. In other words 25% seats of the total number of students enrolled by a particular school in the previous academic year i.e. 2017-18 shall be offered to be eligible candidates under the RTE Act for the current academic year i.e. 2018-19. 4. Having heard the petitioner party-in-person and Ms. Manisha Lavkumar, learned Government Pleader appearing on behalf of the respondents State authorities and considering the material on record and the submissions on behalf of the respondents State authorities recorded hereinabove, which is supported by the relevant material on record, it appears that the State Government seems to be conscious about the better and effective implementation of the RTE Act. The procedure being adopted for better and effective implementation of RTE Act referred to hereinabove can be said to be absolutely just and in transparent manner. It is reported that out of the 25% of the total seats available, the total number of the students enrolled in the previous academic year 2017-18 shall be considered eligible candidates under the RTE ACT for the current academic year 2018-19. The mechanism which is adopted for bringing all the registered school /Schools under the RTE Act is absolutely fair and all precautions are being taken by the State Government to see that none of the schools to whom RTE Act is applicable is escaped from the purview of the RTE Act. From the mechanism referred to hereinabove, it appears that all efforts are being made by the State Government to see that the students, who are eligible for admission under the RTE Act, get admission within the area in which the he /she is residing and he /she gets multiple options. Even the website seems to be user friendly and at a click of button number of schools within 6 kms are displayed, including the distance between the applicant's residence to the school is also displayed. Apart from the on-line applications, as many as 545 receiving centers are established for assisting the parents in 36 Districts and 7 Municipal Corporation of State of Gujarat. It is also reported that if any parent has any grievance, in that case, they may approach the concerned receiving center of their area where they can lodge their complaint and it is stated that as and when any complaint is received the same shall be attended and redressed at the earliest. It is also reported that if any parent has any grievance, in that case, they may approach the concerned receiving center of their area where they can lodge their complaint and it is stated that as and when any complaint is received the same shall be attended and redressed at the earliest. As observed hereinabove, the mechanism and the entire admission process of admission under the RTE Act seems to be just and transparent for the better and effective implementation of the RTE Act. The concerned respondents are directed to act as stated and submitted by Ms Manisha Lavkumar, learned Government Pleader appearing on behalf of the respondents State authorities recorded hereinabove. It is further observed that if any parent has any grievance they may approach the concerned receiving center and /or concerned DPEO /DEO as the case may be and as and when any such complaint is received, the same be attended and redressed at the earliest. As such, we are satisfied with the mechanism and the admission process suggested and referred to hereinabove by which the object and purpose of the RTE Act will be achieved and all the eligible candidates, including all the eligible candidates belonging to the weaker section of the society for whose benefit the RTE Act is enacted, may get the admission under the RTE Act subject to availability of vacancies. With this, hope and trust, present Public Interest Litigation stands disposed of.