Delhi HC issues notice to HRD ministry and KVS to make its stand clear on free education under RTE Act

Updated on: Wednesday, May 08, 2013

The Delhi High Court asked the Centre to make its stand clear on a PIL seeking a direction to Kendriya Vidyalaya Sangathan for its "failure" to provide totally free education to students of Class I-VIII under the Right to Education Act.

A bench of Chief Justice D Murugesan and Justice Jayant Nath issued notice to the Ministry of Human Resource Development and  Kendriya Vidyalaya Sangathan (KVS) and sought response by May 15.

The bench in its order said "explain by way of an affidavit the steps taken to comply with the provision of the RTE Act..."

The court order came after KVS's counsel, who accepted notice in the court, submitted that after the enforcement of the Right of Children to Free and Compulsory Education (RTE) Act, no tuition fee has been collected from students but on account of computer classes and other things, a minimal amount was charged from them.

The bench was hearing a PIL filed by Social Jurists, an NGO, through counsel Ashok Agarwal, alleging that all the Kendriya Vidyalayas (KV) all over the country including Delhi have been charging fee under various heads from the students of Classes I to VIII.

According to the petitioner KVS "failed" to provide totally free education to students studying in Class I to Class VIII in all Kendriya Vidyalayas (KV) run by them as required in terms of Articles 21 and 21-A of the Constitution of India read with Section 3 of the RTE Act.

The petitioner's counsel contended that action on the part of the respondents (Centre and KVs) to charge any kind of fee from students of Class I to VIII studying in various Kendriya Vidyalayas is "arbitrary, unconstitutional, illegal, unjust, anti-child and also against the fundamental rights guaranteed under the Constitution."

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