THANDAVA YOGESH Vs. STATE OF TELANGANA
HIGH COURT OF ANDHRA PRADESH
State of Telangana
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Prashant Kumar Mishra, M. Satyanarayana Murthy, J. -
(1.) W.P(PIL)No.165 of 2017 is filed by the petitioner seeking to issue Writ of Mandamus declaring the inaction of the respondent Nos.1 to 6 to implement at least 25% quota for free education in private schools upto Class - VIII as laid in Sec. 12(1)(c) of the Right of Children to Free and Compulsory Education Act, 2009 as illegal, arbitrary and violative of Articles 14, 21, 21A, 24 and 19(1)(a) of the Constitution of India, and consequently directing the respondents to implement the said provisions in the State of Andhra Pradesh.
(2.) C.C.No.2117 of 2021 is filed for non-implementation of the order dtd. 1/9/2021 passed in W.P(PIL)No.165 of 2017.
(3.) During pendency of the writ proceedings, the respondents have filed counter-affidavit and additional affidavits, the latest one being 24/11/2021, stating that the admission process for the academic year 2021-2022 is already over and that the State has preferred Standard Operating Procedure (SOP) to follow the procedure for implementation of Sec. 12(1)(c) of the Right to Education Act. As per the Standard Operating Procedure, preparatory phase, processing applications, selection and admission under Sec. 12(1)(c) of the Act are to be carried out, as stated in Paragraph No.7 of the additional affidavit, which reads as follows:
"Further I humbly submit that as per Standard Operating Procedure the following process structured into three phases i.e., preparatory phase, processing applications, selection and admission under sec. 12(1)(c) are to be carried out which are as follows:-
(1) The Appropriate Government and Local Authority (i.e.) shall advertise the schedule of admission under sec. 12(1)(c) through print media; electronic media as well as locally used medium of broadcasting/publicizing the important announcements especially in rural and urban remote areas such as proclamation (munaadi). The advertisement shall contain essential information regarding the admission process such as important dates, inline link, toll free helpline number and basic information on helpdesks.
(2) The calendar for admission under sec. 12(1)(c) shall be same for the entire State/UT and shall be scheduled in such a manner that the admission process is completed before the beginning of admission of children under the non DG/EWS category and at least two months before the commencement of the next academic session. This will ensure that all children, if so they desire, have equal opportunity to apply for admission for a paid seat as well.
(3) Centralized online System a. To fulfil its responsibility for ensuring that the children belonging to weaker sec. and the children belonging to disadvantaged group are not prevented sec. and the children belonging to disadvantaged group are not prevented from pursuing and completing elementary education on any grounds, the Appropriate Government (sec. 8, RTE Act, 2009) shall developed a centralized online portal for admissions under sec. 12(1)(c). All the District Education Departments shall be connected to the centralized portal.
b. The online portal shall be universally accessible especially to people in remote areas and to CWSN/PwDs as per guidelines for Indian Government website issued by NIC and Department of Administrative Reforms and Public grievances (D/o AR&PG), Government of India, available at http://darpg.gov.in/sites/ default/files/Guidelines for Government websites 0.0.pdf. The online portal should provide real-time information on i. Location and details of schools Geographic Information System (GIS) mapping of all schools in the neighbourhood.
ii. Class-wise total number of seats.
iii. Class-wise number of seats for admissions under DG/EWS category.
iv. Class-wise number of seats for admissions of CWSN under DG/EWS category.
v. School-wise, class-wise, and category wise number of seats vacant under DG/EWS category.
vi. School-wise detail of the entry-level class i.e. whether the school has preprimary classes or the entry level class in a particular school is class I.
Based on the State's/UT's fee regulatory mechanism/ guidelines/ Act the school-wise fee structure of the school in the current session; estimate fee structure for next five years; co-curricular activities offered by the school should also be included in the portal." ;
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