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Supreme Court Directs States to Notify Section 38 Rules for Right to Education Act Implementation
The Supreme Court directs Central and State Governments to frame and notify rules under Section 38 of the Right to Education (RTE) Act to implement Section 12(1)(c). The directions relate to ensuring 25% free seats in schools for children from weaker and disadvantaged sections and require consultation with child rights commissions and advisory councils.
Right of Children to Free and Compulsory Education Act, 2009:
| Dimension | Key Details |
|---|---|
| Section 12(1)(c) provision | Provides for 25% free seats in all schools for children from weaker and disadvantaged sections. |
| Rulemaking requirement (Section 38) | Mandates Central/State Governments to frame and notify rules for implementing Section 12(1)(c). |
| Consultation for rulemaking | Rulemaking is to be done in consultation with National Commission for Protection of Child Rights (NCPCR), State Commissions (SCPCRs), and National/State Advisory Councils. |
| NCPCR and SCPCRs: legal basis | Constituted under the Commissions for Protection of Child Rights Act, 2005. |
| NCPCR and SCPCRs: functions under RTE | Responsible for reviewing, monitoring and grievances redressal under the RTE Act, 2009. |
| Fundamental Right | Article 21A provides right to free and compulsory education of all children (6–14 years). |
| Fundamental Duty | Article 51A(k) specifies duty of parents to provide opportunities for education to child (6–14 years). |
| Constitutional provision: DPSP | Article 45 directs the State to provide early childhood care and education to children below 6 years. |
| RTE Act: constitutional basis | Enacted to give effect to Article 21A of the Constitution. |
| Section 3 (RTE Act) | Grants right of every child (6–14 years) to free and compulsory education in a neighbourhood school till completion of elementary education. |
| Duties of appropriate Government and local authority | Provides for duty to establish neighbourhood schools; provides for duty to provide schools, infrastructure, teachers and learning facilities. |
| Reimbursement provision | Schools are entitled to reimbursement of per-child expenditure by the State. |