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2018 DIGILAW 790 (CAL)

Friends Of Tribal Society v. State Of West Bengal

2018-11-14

ARIJIT BANERJEE

body2018
JUDGMENT : ARIJIT BANERJEE, J. 1. The petitioner no. 1 is a Society registered under the West Bengal Societies Registration Act, 1961. The petitioner no. 2 professes to be an Office Bearer of the petitioner no. 1 and authorized by the governing body of the petitioner no. 1 to institute the present proceeding. 2. The petitioner no. 1 (in short the ‘Society’) contends that it runs 30, 113 numbers of Non-formal Training Centres in the tribal areas of India for the benefit of the children of tribal families. The students, who are admitted in regular schools in a particular area, come to such a centre for enriching themselves in diverse fields principally for their mental and educational development. Although these centres are called Ekal Vidyalayas, actually these are one Teacher Non-formal Coaching Centres imparting informal education and vocational training. 3. In this writ petition the petitioners pray for quashing of two memos issued by the District Inspector of Schools (P.E.) Dakshin Dinajpur. The first memo is dated 2 March, 2017. The said memo reads as follows:- “Subject- Regarding some Private School in which the school Authority have not applied for N.O.C. to the competent Authority in terms of RTE-2009 and West Bengal Rights of Children to Free & Compulsory Education Rules-2012, Ref. Memo No. - 107 (6) SC/P, Dated-03.02.2017 Sir/Madam, As per direction of the Deputy Director of School Education (Rural Primary), Govt. Of West Bengal, the above mentioned School Authority is requested to attend to a Hearing with all relevant papers of the institution, to be held on 06-03-2017 at the Office of the Sub-Inspector of Schools, Tapan East Circle, Dakshin Dinajpur, from 10 AM to 4.00 P.M.” The second memo which is dated 10 March, 2017 reads as follows:- “Subject- Closing of your Institution as per RTE Norms-2009, Ref. Memo No.-47(21) SC/AIS, Dated08/03/2017, Sir/Madam, In reference to the subject mentioned above the undersigned likes to inform you that no school shall be established or recognized under section 18 of RTE Act unless it fulfils the norms and standards specified in the RTE Act, 2009. Your institution has been inspected as per Memo No. - 17-SC/P, Dated03/01/2017 by officers (S.I./S., A.I./S.) as well as a Hearing has been conducted on 06/03/2017 as per Memo No. 107 (6) SC/P, Dated- 03-02-2017. Your institution has been inspected as per Memo No. - 17-SC/P, Dated03/01/2017 by officers (S.I./S., A.I./S.) as well as a Hearing has been conducted on 06/03/2017 as per Memo No. 107 (6) SC/P, Dated- 03-02-2017. It appears from the Hearing record that you have not applied for NOC, for getting it from the Appropriate Authority. Your school is not fit for running as per RTE Norms, 2009, so close your school as early as possible.” The petitioners also pray for a declaration that the Non-formal Training Centres which are being run by the Society under the name and style of “Ekal Vidyalaya” are not schools within the meaning of the Rights of Children to Free and Compulsory Education Act, 2009 (in short the ‘RTE Act’) and the Rules framed there under. Submission of the Petitioners:- 4. Appearing on behalf of the petitioners, Mr. Anindya Kumar Mitra, learned Senior Counsel submitted that the memo dated 10 March, 2017 whereby the Society was directed to close its training centre is an unreasoned memo and on that ground alone is liable to be quashed. No reason has been given as to why the Society’s Training Centre comes under the purview of the RTE Act. 5. Mr. Mitra then submitted that the word “Education” has been used in various Articles of the Constitution of India. In particular he referred to Articles 21A and 30. Article 21A has made imparting free compulsory education to all children in the age group of six to fourteen years a constitutional duty of the State. The category of education (Academic or informal) and the manner of imparting of such education were left with the State to determine by law. To give effect to the intent and sprit of Article 21A, the Parliament has promulgated the RTE Act. The Parliament has determined that the category of education envisaged under Article 21A would be elementary education to be imparted to children of the age of 6 to 14 years. That the elementary education would be academic education is emphasized by defining elementary education in Section 2(f) of the RTE Act as education from first class to eight class. In order to achieve the aforesaid object, duty has been cast upon the appropriate Government and local authority to establish schools (Section 6 of the RTE Act). That the elementary education would be academic education is emphasized by defining elementary education in Section 2(f) of the RTE Act as education from first class to eight class. In order to achieve the aforesaid object, duty has been cast upon the appropriate Government and local authority to establish schools (Section 6 of the RTE Act). Further duties have been cast upon the appropriate Government (Section 8 of the Act) and upon the local authority (Section 9 of the Act) to provide free and elementary education to every child aged between 6 and 14 years. The RTE Act does not cast any such duty or obligation upon any private body, submitted learned Senior Counsel. 6. Article 21A enshrines the right of all children aged between 6 and 14 years to receive free and compulsory education from the State. This is a Fundamental Right. There is a corresponding obligation on the State to provide free and compulsory education to all children aged between 6 and 14 years. It makes no difference between children belonging to different economic strata of the society. The object of the RTE Act is to provide elementary education which is defined as education in class I to class VIII in formal schools. In this connection Learned Senior Counsel referred to the decision of this Court in the case of Sarthak Ghosh and Ors. vs. the State of West Bengal and Ors, (2017) 2 Cal LT 155. 7. The Central Government by promulgating the RTE Act and framing Rules there under has determined that elementary education would have to be imparted in a formal manner which will be evident from the Object and Reasons of the RTE Act as also from the provisions of the RTE Act and the Rules framed there under. Learned Senior Counsel drew my attention to paragraph 3 of the Statement of Object and Reasons of the RTE Act which provides that every child has a right to be provided full complete elementary education of satisfactory and equitable quality in a Formal School which satisfies certain essential norms and standards (emphasis is mine). He then submitted that the formal schools will be imparting elementary education from I Class to VIII (Section 2 (f)) i.e., education will be imparted in a class-oriented manner. Education standard is being measured with reference to classes. He then submitted that the formal schools will be imparting elementary education from I Class to VIII (Section 2 (f)) i.e., education will be imparted in a class-oriented manner. Education standard is being measured with reference to classes. Curriculum, syllabus, textbooks for such education will be prescribed by the Academic Authority [Section 29 (1)] read with Rule 23 of the RTE Rules 2010]. Norms and standards of such schools are specified in the Schedule to the Act i.e., number of teachers, nature of infrastructure, minimum number of working days, minimum number of working hours per week for the teachers, etc. It is further prescribed that each school shall have a library providing newspapers, magazines, books on all subjects etc. These are all characteristics and features of a formal school. Non-formal training Centres or schools do not have nor are required to have such features. Minimum Qualification of the teachers is to be laid down by the Academic Authority [Section 23(1)]. Rules 17 to 22 of the RTE Rules deal with salary and allowance of the teachers, the minimum qualifications to be acquired within five years, duties of teachers and student and teacher ratio. Records of children are to be maintained by the local authority (Rule 10). Performance of students are to be evaluated and kept on record (Section 29(h) read with Rule 24). Learned Counsel submitted that the Schedule to RTE Act contemplates only formal schools. Standards of schools have been laid down and prescribed under the RTE Act and the Rules framed there under in order to sub-serve the object of the RTE Act. 8. Mr. Mitra submitted that only a formal school can come within the ambit of the RTE Act. Standard of recognition of a formal school has been provided in Section 19 of the RTE Act. A school which is not recognisable under Section 19 will not be a school within the meaning of the RTE Act. Section 2 (n) of the Act provides that “school” means any recognised school imparting elementary education. Only formal schools can fulfill the norms and standards specified in the Schedule to the Act and are to be treated as a school under the RTE Act. The School must be recognisable under Section 19 of the Act. 9. Section 2 (n) of the Act provides that “school” means any recognised school imparting elementary education. Only formal schools can fulfill the norms and standards specified in the Schedule to the Act and are to be treated as a school under the RTE Act. The School must be recognisable under Section 19 of the Act. 9. Learned Senior Counsel referred to the decision of the Apex Court in the case of The Sole Trustee, Lok Shikshana Trust vs. The Commissioner of Income Tax, Mysore, (1976) 1 SCC 254 wherein it was observed that the word “education” used in Section 2(15) of the Income Tax Act, 1961 means what promotes the process of training and developing the knowledge, skill, mind and character of students by formal schooling. The word “education” has not been used in the wide and extended sense, according to which every acquisition of further knowledge constitutes education. 10. Mr. Mitra also referred to the decision of the Apex Court in the case of State of W.B and Ors. vs. Monirujjaman Mullick & Ors., (1996) 10 SCC 56 . In that case instructors of non-formal educational centres claimed equal pay as that of teachers of primary schools run by the State Government. The Supreme Court negated such claim holding that non-formal education centres cannot be equated with the primary schools run by the Education Department of the State Government. 11. Mr. Mitra submitted that the Central Government has by legislation determined that the constitutional duty of imparting free and compulsory elementary education is to be discharged in a systematic regular manner by formal schools. Such constitutional duty cannot be discharged by NGOs imparting education in such manner as they can manage. He submitted that the object of the RTE Act is not to compulsorily force existing non-formal coaching centres to develop infrastructure at substantial cost, employ teachers at specified salaries involving huge running cost by raising fund on their own and to provide free and compulsory elementary education. The statement of the Object and Reasons of the RTE Act recognises existence of other schools of unsatisfactory quality but does not express any object of closing down such schools. 12. Mr. The statement of the Object and Reasons of the RTE Act recognises existence of other schools of unsatisfactory quality but does not express any object of closing down such schools. 12. Mr. Mitra submitted that training centres, tutorials or institutes which are not imparting education in a systematic manner as per prescribed syllabus are not included within the meaning of “school” as defined under the RTE Act and are not meant to be covered by the said Act. The State respondents have not stated that Ekal Vidyalaya training Centres are formal schools. He further submitted that any insinuation in the affidavit in opposition of the State that Ekal Vidyalaya training centres are formal schools is unsupported by any material and therefore should not be taken into consideration by the Writ Court. In this connection reliance was placed on the decision of the Apex Court in the case of Bharat Singh and Ors. vs. State of Haryana and Ors., (1988) 4 SCC 534 . In that case it was held that when a point which is ostensibly a point of law is required to be substantiated by facts, the party raising the point, if he is the writ petitioner, must plead and prove such facts by evidence which must appear from the writ petition and if he is the respondent, from the counter-affidavit. If the facts are not pleaded or the evidence in support of such facts is not annexed to the writ petition or to the counter affidavit, as the case may be, the court will not entertain the point. The burden of proving that the training centres run by the petitioners are schools within the meaning of the RTE Act is on the State respondents. In the affidavit in opposition there is no such averment and no records have been disclosed on the basis of which it can be contended by the State respondents that the Ekal Vidyalayas are imparting elementary education within the meaning of the RTE Act. 13. Mr. Mitra finally reiterated that the impugned order is without any reasons. No reason or valid reason has been given even in the affidavit in opposition. The affidavit in opposition discloses no ground for sustaining the impugned order. Accordingly, the impugned order should be quashed and the relief prayed for by the writ petitioners should be granted. Contention of the Union of India:- 14. No reason or valid reason has been given even in the affidavit in opposition. The affidavit in opposition discloses no ground for sustaining the impugned order. Accordingly, the impugned order should be quashed and the relief prayed for by the writ petitioners should be granted. Contention of the Union of India:- 14. Appearing for the Union of India, Learned Additional Solicitor General supported the case of the petitioners. He submitted that the RTE Act does not apply to the petitioner society. The petitioners do not seek recognition under the said Act. The petitioners do not impart formal education. They do not issue any certificate to the students who attend the training centres run by the petitioners. The petitioners are incapable of recognition under the RTE Act, since the training centres run by them do not satisfy the requirements prescribed in the RTE Act. Only recognised schools come within the ambit of the RTE Act. Contention of the State Respondent:- 15. Appearing for the State, Learned Advocate General submitted that the writ petition is not maintainable. The petitioner no. 1 is a Society registered under the West Bengal Societies Registration Act, 1961. As per Section 19 of the said Act such a Society may sue in the name of the President, Secretary or any office bearer authorised by the Governing Body. The petitioner no. 2 is not the President or Secretary of the petitioner no. 1. There is no document on record that the Governing Body has authorised the petitioner no. 2 on behalf of the Society to institute the present proceeding. The writ petition should be dismissed on this ground alone. 16. Secondly, it was submitted that the instant writ petition is only in respect of Ekal Vidyalaya, P.O.- Mahadevpur, P.S.- Tapan, District - Dakshin Dinajpur. It was submitted that the said school is a school within the meaning of Section 2(n) of the RTE Act and is imparting elementary education to students in classes I, II & III. The petitioners have accepted in paragraph 8 of the writ petition that regular school curriculum and books are used at the Ekal Vidyalaya. 17. The third argument advanced on behalf of the State was that there is nothing known as “Formal or Non Formal Education” under the RTE Act. Section 2(f) of the RTE Act defines “elementary education” as meaning education from Class I to Class VIII. 17. The third argument advanced on behalf of the State was that there is nothing known as “Formal or Non Formal Education” under the RTE Act. Section 2(f) of the RTE Act defines “elementary education” as meaning education from Class I to Class VIII. The petitioners have accepted that they are running a school which imparts elementary education. Hence, Ekal Vidyalaya is squarely covered under Section 2 (n) of the RTE Act. 18. Fourthly, it was submitted that since the schools run by the petitioners come under the RTE Act, the petitioners were obliged to make a formal application to the authorities for permission to run their schools. The petitioners were bound to follow the memorandum dated 7 May, 2012 issued by the Government of West Bengal and are also bound to follow Section 18 of the RTE Act, which prescribes that no school is to be established without obtaining certificate of recognition from the competent authorities. The writ petitioners not having obtained such certificate, they cannot run the Ekal Vidyalayas. 19. Fifthly, it was submitted on behalf of the State that the Memorandum dated 3 February, 2017 was issued by the Deputy Director of School Education, West Bengal to the office of the District Inspector of Schools (PE), Alipurduar, Darjeeling, Jalpaiguri, Siliguri, South 24 Parganas and Uttar Dinajpur specifically with a direction that there are some allegations of running private schools which do not have or have not applied for No Objection Certificate (N.O.C) from the competent authority in terms of R.T.E Act and the concerned District Inspector of Schools (PE) was directed to hear the concerned school authority who have not applied for such N.O.C. Thereafter by a Memorandum dated 8 March, 2017 the Deputy Director of School Education, West Bengal directed the District Inspector of Schools (PE) to take immediate action in terms of the RTE Act in respect of the private schools which were running without the proper N.O.C after giving a hearing to the persons running such schools. As per the directions of the Deputy Director of School Education the office of the District Inspector of Schools (PE) issued a Memorandum dated 2 March, 2017, to the Society running the aforesaid Ekal Vidyalaya with a request to attend a hearing with all the relevant papers of the Institution on 6 March, 2017. As per the directions of the Deputy Director of School Education the office of the District Inspector of Schools (PE) issued a Memorandum dated 2 March, 2017, to the Society running the aforesaid Ekal Vidyalaya with a request to attend a hearing with all the relevant papers of the Institution on 6 March, 2017. The petitioners duly attended such hearing and filed a representation contending that they are not covered under the RTE Act. Thereafter the Memorandum dated 10 March, 2017 was issued by Office of the District Inspector of Schools (PE) Dakshin Dinajpur, to the effect that the said Ekal Vidyalaya had been inspected and without obtaining N.O.C., the said Institution could not be allowed to function. Accordingly the said Institution was directed to close down at the earliest. It was submitted that on the one hand the petitioners have accepted that they are running schools which impart Non Formal Education to the students from Classes I to III and on the other hand they claim that in a strict sense they do not fall under Section 2(n) of the RTE Act. This contention of the petitioner is fallacious. 20. Learned Advocate General relied on the decision of the Apex Court in the case of P.A. Inamdar & Ors. vs. State of Maharashtra & Ors., (2005) 6 SCC 537 and in particular on paragraphs 81, 82, and 88 of the reported judgment which read as follows: “81. “Education” according to Chambers Dictionary is “bringing up or training;..... Strengthening of the powers of body or mind; culture”. 82. In Advance law Lexicon (P. Ramanatha Aiyar, 3rd Edn., 2005, Vol.2) “education” is defined in very wide terms. It is stated: “Education is the bringing up; the process of developing and training the powers and capabilities of human beings. In its broadest sense the word comprehends not merely the instruction received at school, or college but the whole course of training moral, intellectual and physical; is not limited to the ordinary instruction of the child in the pursuits of literature. It also comprehends a proper attention to the moral and religious sentiments of the child. And it is sometimes used as synonymous with ‘learning’”. 88. Education is: “....continual growth of personality, steady development of character, and the qualitative improvement of life. A trained mind has the capacity to draw spiritual nourishment from every experience, be it defeat or victory, sorrow or joy. And it is sometimes used as synonymous with ‘learning’”. 88. Education is: “....continual growth of personality, steady development of character, and the qualitative improvement of life. A trained mind has the capacity to draw spiritual nourishment from every experience, be it defeat or victory, sorrow or joy. Education is training the mind and not stuffing the brain.” (See Eternal Values for A Changing Society, Vol. III Education for Human Excellence, published by Bharatiya Vidya Bhavan, Bombay, at P. 19.) “We want that education by which character is formed, strength of mind is increased, the intellect is expanded, and by which one can stand on one’s own feet,. The end of all education, all training, should be man-making. The end and aim of all training is to make the man grow. The training by which the current and expression of Will are brought under control and become fruitful is called education.” (Swami Vivekanand as quoted ibid., at p. 20)” 21. Learned Advocate General also relied on the decision of the Apex Court in the case of State of Uttar Pradesh & Ors. vs. Bhupendra Nath Tripathi & Ors., (2010) 13 SCC 203 . In particular reliance was placed on paragraphs 15 and 16 of the reported judgment which read as follows: “15. The State as at present is under the constitutional obligation to provide education to all children of the age of 6 to 14 years. The State by virtue of Article 21-A is bound to provide free education, create necessary infrastructure and effective machinery for the proper implementation of the right and meet total expenditure of the schools to that extent. Right to education guaranteed by Article 21-A would remain illusory in the absence of the State taking adequate steps to have required number of schools manned by efficient and qualified teachers. 16. Before teachers are allowed to teach the children, they are required to receive appropriate and adequate training from a duly recognised training institute. It has been observed by this Court: “14... Allowing ill-trained teachers coming out of derecognised or unrecognised institutes or licensing them to teach the children of an impressionable age, contrary to the norms prescribed, will be detrimental to the interest of the nation itself in the sense that in the process of building a great nation, teachers and educational institutions also play a vital role. Allowing ill-trained teachers coming out of derecognised or unrecognised institutes or licensing them to teach the children of an impressionable age, contrary to the norms prescribed, will be detrimental to the interest of the nation itself in the sense that in the process of building a great nation, teachers and educational institutions also play a vital role. In cases like these, interest of individuals cannot be placed above or preferred to the larger public interest.”(See L. Muthu kumar v. State of T.N., (2000) 7 SCC 618 SCC p. 626, para 14.) Such is the importance of proper training to the teachers before they are allowed to teach the children of impressionable age.” 22. Finally, Learned Advocate General submitted that after the impugned order dated 10 March, 2017 was passed by the District Inspector of Schools requiring the petitioners to close down the Ekal Vidyalaya the petitioners approached the Secretary, Department of School Education, Government of West Bengal by filing a comprehensive representation dated March 22, 2017 which is still pending for consideration. Hence, this Court should not pass any order on the writ petition and should direct disposal of the said representation in accordance with law. Court’s View:- 23. The short question that falls for determination is whether or not the Ekal Vidyalayas run by the petitioner Society are schools and impart elementary education to children aged between 6 and 14 years of age within the meaning of the RTE Act. 24. Two Memos are under challenge in the present writ petition. By issuing the first one, the concerned D.I of Schools (PE) requested the petitioners to attend a hearing at the office of the Sub-Inspector of Schools on 6 March, 2017. By the second Memo, the D.I of Schools directed the petitioner to close down their ‘School’ since their ‘School is not fit for running as per RTE norms 2009.’ 25. Mr. Mitra Learned Senior Counsel appearing for the petitioners has argued that the second memo requiring the petitioners to close down their educational centre should be quashed on the ground of the same being an unreasoned order. No reason has been recorded in the said order as to why the educational centres run by the petitioners come within the purview of schools as understood under the RTE Act. Mr. Mitra is perhaps right. No reason has been recorded in the said order as to why the educational centres run by the petitioners come within the purview of schools as understood under the RTE Act. Mr. Mitra is perhaps right. There is a bald statement in the second memo that the institution of the petitioners has been inspected. No inspection report has been disclosed by the respondents despite being called upon to do so. There is no discussion in the impugned memo as to what are the features of the educational centres run by the petitioners which make them ‘School’ within the meaning of the RTE Act. Any order of the State or a Statutory Authority which has adverse civil consequences for a person must be informed with reasons. An unreasoned order - be it judicial, quasi-judicial or administrative - which purports to affect valuable rights of citizens of the country is antithetical to the concept of Rule of Law. The second memo is completely devoid of reasons. As I read the said Memo, it merely contains an ipse dixit of the D.I of Schools. Minutes of the hearing held in the office of the Sub Inspector of Schools on 6 March, 2017 was also not brought on record in spite of the Court expressing its desire to have a look at such minutes. Possibly on this ground alone I could have legitimately quashed the impugned memos. But I do not intend to do so. I have heard the parties at length on the issue of whether or not the educational centres run by the petitioner society qualify as schools within the meaning of the RTE Act and hence require no objection certificates from the competent authority for operating. Hence, I would like to come to a conclusion on the said issue. 26. There is no doubt that illiteracy is a curse. The United Nations Educational Scientific and Cultural Organisation (UNESCO) has defined literacy as the ‘ability to identify, understand, interpret, create, communicate, compute and use printed and written materials associated with varying contexts. Literacy involves a continuum of learning in enabling individuals to achieve their goals, to develop their knowledge and potential, and to participate fully in their community and wider society. Literacy involves a continuum of learning in enabling individuals to achieve their goals, to develop their knowledge and potential, and to participate fully in their community and wider society. The National Literacy Mission which was launched by the Central Government in 1988 aiming at attaining a literacy rate of 75% by 2007 defined literacy as acquiring the skills of reading, writing and arithmetic and the ability to apply them to one’s day-today life. The working definition of literacy is the ability to read and write. It is an evolving concept which not only entails the grasping abilities of printed text but also the abilities to adapt visual entities and technological awareness. It is a multi-dimensional concept which keeps on adding new parameters to it with respect to the developments that are taking place in a globalised world. 27. Literacy and level of education are basic indicators of the level of development achieved by a society. Spread of literacy is generally associated with important traits of modern civilization such as modernization, urbanization, industrialization, communication and commerce. Literacy forms an important input in overall development of individuals enabling them to comprehend their social, political and cultural environment better and respond to it appropriately. Higher levels of education and literacy lead to a greater awareness and also contributes in improvement of economic and social conditions. It acts as a catalyst for social upliftment and adds force to every aspect of development effort, be it population control, health, hygiene, environmental protection, employment of the weaker sections of the society etc. 28. Prior to 2002 there was no Article in Part III of the Constitution of India which made the right to education a fundamental right. However, by judicial interpretation, the fundamental right to life and live with dignity under Article 21 came to include the right to education. Article 21 A was introduced in Part III of the Constitution by Section 2 of the Constitution (86th Amendment) Act, 2002. The said Article reads thus:- “The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by Law, determine.” 29. It is to give effect to this Article that the Parliament promulgated the RTE Act. The said Article reads thus:- “The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by Law, determine.” 29. It is to give effect to this Article that the Parliament promulgated the RTE Act. It may be noted that Art. 41 of the Constitution which is in Part IV captioned “Directive Principles of State Policy” mandates that the State shall within the limits of its economic capacity and development, inter alia, make effective provision for securing the right to education. Art. 37 of the Constitution makes it clear that the provision contained in Part IV shall not be enforceable by any Court, but the principles therein laid down are fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws. Simultaneous with introduction of Art. 21 A in Part III of the Constitution, Art. 51 A(k) was introduced in Part IV A of the Constitution captioned “Fundamental Duties”. It mandates that it shall be the duty of every citizen of India who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years. 30. The statement of objects and reasons of the RTE Act in no uncertain terms recognises the crucial role of universal elementary education for strengthening the social fabric of democracy through provision of equal opportunities to all. Consequently, the RTE Act was promulgated to provide inter alia, that every child has the right to be provided full time elementary education of satisfactory and equitable quality in a formal school which satisfies certain essential norms and standards (emphasis is mine). Elementary education has been defined by Section 2 (f) of the Act as education from first class to eighth class. ‘School’ has been defined by Section 2(n) as meaning any recognised school imparting elementary education. Section 3 (1) provides that every child of the age of six to fourteen years, including a child belonging to disadvantaged group [Section 2(d)] and a child belonging to weaker section [Section 2(e)] shall have the right to free and compulsory education in a neighbourhood school till the completion of his or her elementary education. Section 3 (1) provides that every child of the age of six to fourteen years, including a child belonging to disadvantaged group [Section 2(d)] and a child belonging to weaker section [Section 2(e)] shall have the right to free and compulsory education in a neighbourhood school till the completion of his or her elementary education. Sections 6 to 10 of the Act deal with various duties and responsibilities of the appropriate Government, local authorities and parents/guardians. 31. Section 18 of the Act is important for the present purpose. Sub-Section (1) provides that no school, other than a school established, owned or controlled by the appropriate Government or the local authority, shall, after the commencement of the RTE Act, be established or function, without obtaining a certificate of recognition from such authority, by making an application in such form and manner, as may be prescribed. Sub-section (2) states that the authority prescribed under sub-section (1) shall issue the certificate of recognition in such form, within such period, in such manner and subject to such conditions, as may be prescribed; provided that no such recognition shall be granted to a school unless it fulfils the norms and standards specified under section 19. Sub-sections 3 and 4 provide for cancellation of certificate of recognition for contravention of the conditions of recognition. Sub-section 5 provides for imposition of fine on any person who establishes or runs a school without obtaining certificate of recognition, which may extend to rupees one lakh and in case of continuing contraventions to Rs.10,000/- for each day during which such contravention continues. 32. Section 19(1) of the Act provides that no school shall be established or recognised under section 18 unless it fulfils the norms and standards specified in the Schedule. It may be helpful to reproduce the Schedule here in under:- Sl. No. Item Norms and Standards 1. Number of Teachers: (a) For first class to fifth class Admitted children up to Sixty Between sixtyone to ninety Between Ninety-one to one hundred and twenty Between One hundred and twenty-one to two hundred Above One hundred and fifty children About Two hundred children Number of teachers two Three Four Five Five plus one Head-teacher Pupil-Teacher Ratio (excluding Head teacher) shall not exceed forty. (b) For Sixth class to eighth class (1) At least one teacher per class so that there shall be at least one teacher each for- (i) Science and Mathematics; (ii)Social Studies; (iii) Languages. (2)At least one teacher for every thirty-five children. (3)Where admission of children is above one hundred- (i) A full time head-teacher; (ii)part time instructors for- (A)Art Education; (B)Health and Physical Education; (C)Work Education. 2. Building All-weather building consisting of- (i) At least one class-room for every teacher and an office-cum-store-cum Head teachers room; (ii) Barrier-free access; (iii) Separate toilets for boys and girls; (iv) Safe and adequate drinking water facility to all children; (v) A kitchen where mid-day meals is cooked in the school; (vi) Playground; (vii) Arrangements for securing the school building by boundary wall or fencing. 3. Minimum number of working days/instructional hours in an academic year (i) Two hundred working days for first class to fifth class; (ii) Two hundred and twenty working days for sixth class and eighth class; (iii) Eight hundred instructional hours per academic year for first class to fifth class; (iv) One thousand instructional hours per academic year for sixth class to eighth class. 4. Minimum number of working hours per week for the teacher Forty-five teaching including preparation hours. 5. Teaching learning equipment Shall be provided to each class as required. 6. Library There shall be a library in such school providing newspaper, magazine and books on all subjects, including story-books. 7. Play material, games and sports equipment Shall be provided to each class as required. 33. Thus, stringent norms and standards have been prescribed by Sec. 19 of the Act read with the Schedule. Obviously, what the legislature had in mind was to bring formal schools conforming to the norms and standards laid down in the Schedule to the Act within the purview of the RTE Act. 34. Section 21 of the Act contemplates constitution of a School Management Committee consisting of elected representatives of the local authority, parents/guardians of children admitted in such school and teachers. Section 22 pertains to School Development Plan. Section 23 provides for minimum qualifications of teachers for appointment of their terms and conditions of service. Section 25 prescribes the Pupil-Teacher Ratio. Section 29 contemplates that the curriculum and the evaluation procedure for elementary education shall be laid down by an academic authority to be specified by the appropriate Government, by notification. Section 22 pertains to School Development Plan. Section 23 provides for minimum qualifications of teachers for appointment of their terms and conditions of service. Section 25 prescribes the Pupil-Teacher Ratio. Section 29 contemplates that the curriculum and the evaluation procedure for elementary education shall be laid down by an academic authority to be specified by the appropriate Government, by notification. Section 30 mandates that every child completing his elementary education shall be awarded a certificate, in such form and in such manner, as may be prescribed. 35. The scheme of the RTE Act leaves me in no doubt that informal coaching centres like the ones run by the petitioner society do not come within the purview of the Act. What the Act envisages is imparting of formal and organised elementary education. It is not in dispute that the educational centres run by the petitioner society do not satisfy the norms and standards enumerated in the Schedule to the Act. The students who attend the Ekal Vidyalayas are all enrolled with formal schools. The petitioner society’s centres do not impart formal elementary education. They are more in the nature of coaching centres wherein they are helped out with their studies as a supplement to formal education that they receive in the schools. Each centre has only one teacher. There is no set syllabus. What the centres follow as a guideline is the syllabus that is followed in the schools. No certificate is issued by these educational centres. In short, these Ekal Vidyalayas have none of the traits or characteristics of a formal school as envisaged under the RTE Act. 36. The object of the RTE Act is to promote education - not to thwart the efforts of private bodies to do so by running informal coaching centres. The resources of the State are limited. Even with the best of intentions, it has not been possible for the State to impart elementary education to all the children in our country between the ages of 6 and 14 years. In such a situation, if NGOs like the petitioner no. 1 run informal coaching centres for children who are enrolled with the formal schools and also who are not enrolled with formal schools, such effort should be welcomed and not stifled so long as no formal certificate is granted and no recognition is claimed by such coaching centres under the RTE Act. 37. 1 run informal coaching centres for children who are enrolled with the formal schools and also who are not enrolled with formal schools, such effort should be welcomed and not stifled so long as no formal certificate is granted and no recognition is claimed by such coaching centres under the RTE Act. 37. Every child comes to this world with some inborn skill. Not all children are fortunate enough to have the opportunity of attending schools. Coaching/training centres like the one run by the petitioners, inter alia, help to hone the skills of such children who are unable to attend formal schools because of economic or social reasons or those children who are enrolled with formal schools but cannot afford private tuition. These endeavours of the NGOs should be welcomed and encouraged by the State instead of the stand taken by the State which I have found to be unreasonable and deprecable. 38. It is submitted on behalf of the petitioners that in no other State in India the Government has sought to bring those informal training centres within the purview of the RTE Act. None of the Ekal Vidyalayas in the other States has received notices from the State Government similar to those which are under challenge in the present writ petition. This statement could not be disputed by Learned Adv. General representing the State respondents. 39. Dissemination of knowledge to children whether or not they receive formal education is the duty of every responsible citizen of our country where illiteracy is extensive. Education does not necessarily mean bookish education or education that one receives in formal schools. As noted by the Apex Court in P.A. Inamdar (supra) education is the process of developing and training the powers and capabilities of human beings. It is the growth of personality, steady development of character and the qualitative improvement of life. The informal coaching centres like the Ekal Vidyalayas aim at imparting such education to the children. Any attempt of the State to stifle such efforts of NGOs to impart informal education to children must be condemned in the strongest terms. 40. I am unable to agree with the contention of the Learned Adv. General that education cannot be classified as formal and informal. In any event, the process of imparting education can surely be so classified. Any attempt of the State to stifle such efforts of NGOs to impart informal education to children must be condemned in the strongest terms. 40. I am unable to agree with the contention of the Learned Adv. General that education cannot be classified as formal and informal. In any event, the process of imparting education can surely be so classified. The RTE Act is designed to control the formal process which leads to issuance of certificate that may be used for several purposes including obtaining employment. To my mind, it was never the intention of the Parliament to bring the informal coaching centres like the Ekal Vidyalayas within the purview of RTE Act. The informal process of imparting education must be encouraged at all costs. 41. In several localities, informal teaching centres are run mostly in the evenings to help the less fortunate children who are unable to attend formal school for one reason or the other, to grow and develop. Responsible residents of the locality run such centres. Such centres do not have any of the characteristics of any formal school. If the State’s contention is to be carried to its logical conclusion, these centres would also have to be brought within the purview of the RTE Act. That would clearly be preposterous. 42. Take another example. Assume that Mr. X has twenty employees in his house who have children aged between 6 and 14 years who attend formal schools or are unable to do so for whatever reason. If Mr. X or Mrs. X spends some time every day teaching such children elementary education following the syllabus followed by the formal schools, will the house of Mr. X become a school within the meaning of RTE Act? To say so would be plainly absurd. 43. For the reasons aforestated, this writ petition succeeds. There will be a declaration in terms of prayer (a) of the writ petition i.e., non-formal training centres run under the name and style of Ekal Vidyalayas by the petitioner no. 1 are not schools within the meaning of the RTE Act and the Rules framed thereunder. The notices impugned in the writ petition are set aside. The non-formal training centres run by the petitioner no. 1 will not require certificate of recognition from the competent authority under Sec. 18 of the RTE Act. 44. WP 18414 (W) of 2017 is accordingly disposed of. The notices impugned in the writ petition are set aside. The non-formal training centres run by the petitioner no. 1 will not require certificate of recognition from the competent authority under Sec. 18 of the RTE Act. 44. WP 18414 (W) of 2017 is accordingly disposed of. There will be no order as to costs. Later Portion After judgment is delivered in Court Mr. Das, learned counsel for the State prays for stay of operation of the judgment and order. Such prayer is considered and refused.