Wednesday, 13 February 2013
High Court issues direction to DOE for formation of School Management Committees
As we are aware that under the Right To Education Act, 2009 (RTE), the formation of School Management Committees (SMCs) is mandatory. The rules for implementation of this Act have also been framed according to which schools in Delhi were supposed to form SMCs before 23.05.2012. However, the schools have neither formed any SMCs nor is there any mechanism put in place to monitor their formation and functioning. This is also because the Department of Education has not issued any guidelines for their formation, which is in clear cut violation of the RTE. The organization has forwarded several reminders and requests to the concerned authorities like NCPCR, Secretary Education but nothing happened.
After waiting for 13 months, Pardarshita filed a Public Interest Litigation in High Court through Adv. Ritu Mehra and Adv. Divyajyoti Jaipuriar. Today was the first hearing and the Litigation was taken into account by Hon’ble Court. The Hon’ble High Court has issued directions to the Department of Education to submit a report within six weeks regarding steps taken by the Department for the formation of SMCs.
Following is the copy of the Order.
IN THE HIGH COURT OF DELHI AT NEW DELHI
PARDARSHITA … Petitioner
Through: Mr. Divya Jyoti Jaipuriar, Adv. with Mrs. Ritu Mehra, Adv.
GOVT. OF NCT OF DELHI AND ANR … Respondents
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE V.K. JAIN
O R D E R
1. This public interest litigation is filed seeking for the following reliefs:
a) Order the respondents to issue directions for the formation of Schools Management Committee in each and every school within three weeks of passing an order by this Hon’ble Court as mandated under the provisions of RTE Act, 2009 and rules framed thereunder.
b) Order the respondents to ensure that the meetings of the SMCs are organized periodically as mandated under the Act and Rules framed thereunder in order to increase participation of parents and guardians in the better administration of schools.
2. The grievance of the petitioner appears to be that all schools falling under Section 2(n) of the Right of Children to Free and Compulsory Education Act 2009 are mandated to constitute a School Management Committee in terms of Rule 3 of the Right of Children to Free and Compulsory Education Rules, 2010 in a period of six months from the appointed date, i.e., 01.04.2010, however, most of the schools have not constituted a School Management Committee. A similar Rule 3 has been framed by the Government of NCT of Delhi known as the Delhi Right of Children to Free and Compulsory Education Rules, 2011. It is the further grievance of the petitioner that a representation dated 14.07.2012 was made to the Secretary of Education, Government of NCT of Delhi for issuing circular for the formation of School Management Committee, however, no action has been taken in this regard. Hence, the petitioner has approached this Court by way of the present petition.
3. The grievance of the petitioner appears to be justified. In the wake of Rule 3 of the Rules framed for the purpose; by the Union of India and the Delhi Government, who are competent to frame the rules in terms of Section 38 of the Right of Children to Free and Compulsory Education Act, 2009, respondent No.1/Government of NCT of Delhi through Secretary of Education are obligated to consider the representation of the petitioner and pass necessary orders thereon.
4. We, therefore, direct the Secretary, Education Department, Government of NCT of Delhi to consider the said representation and take appropriate action in accordance with law. The above exercise shall be completed by the respondent in a period of eight weeks and the decision thereon shall also be communicated to the petitioner, immediately thereafter.
5. The petition is disposed of.
V.K. JAIN, J
JANUARY 30, 2013