D.Y. Chandrachud, J. - (1.) These proceedings which have been instituted in the public interest raise a seminal issue in regard to the implementation of the provisions of the Right of Children to Free and Compulsory Education Act, 2009 in relation to students belonging to the economically weaker sections. The submission of the petitioner is that the salutary mandate of Sec. 12(1)(c) of admitting at least twenty -five percent students from children belonging to the weaker Ss. and disadvantaged group in the neighborhood has been defeated by the State Government. The Act was enacted to provide for free and compulsory education to all children of the ages of six to fourteen years. The object of the Act is to implement Article 21 A of the Constitution which provides for free and compulsory education to children between the ages of six to fourteen years. This is a fundamental right guaranteed by Part -III of the Constitution and is to be implemented in such manner as the State may by law determine.
(2.) The expression "school" is defined in Sec. 2 (n) as follows : "school" means any recognised school imparting elementary education and includes - (i) a school established, owned or controlled by the appropriate Government or a local authority; (ii) an aided school receiving aid or grants to meet whole or part of its expenses from the appropriate Government or the local authority; (iii) a school belonging to specified category; and (iv) an unaided school not receiving any kind of aid or grants to meet its expenses from the appropriate Government or the local authority."
(3.) Sec. 3 (1) provides for the right to free and compulsory education in a neighborhood school to every child between the ages of six to fourteen till the completion of his or her elementary education. Elementary education is defined in Sec. 2 (f) to mean education from first class to eighth class. Among the mandatory duties of the appropriate government under Sec. 8 and of the local authorities under Sec. 9 is to provide free and compulsory elementary education to every child and to ensure the availability of a neighborhood school as specified in Sec. 6. Under Sec. 6, the appropriate Government and local authority are required to establish within such area or limits of a neighborhood, as may be prescribed, a school, where it is not so established within a period of three years from the commencement of the Act. Under Sec. 8 (c) and Sec. 9 (c), the appropriate Government and the local authority are obligated to ensure that a child belonging to the weaker Sec. and a child belonging to a disadvantaged group are not discriminated against and prevented from pursuing and completing elementary education on any grounds. The local authority is required under Sec. 9 (d) to maintain records of children up to the age of fourteen years residing within its jurisdiction, in such manner as may be prescribed and under Clause (e) to ensure and monitor admission, attendance and completion of elementary education by every child residing within its jurisdiction. Sec. 12 forms a part of Chapter IV which deals with the responsibility of schools and teachers.;