The Gauhati High Court in the case Debargha Roy v. The State of Assam & 5 Ors observed wherein the court was hearing a PIL filed by one Debargha Roy which seek the directions for implementation of the requirement of Section 12(1)(c) of the Act of 2009, wherein it is stated that the school shall admit in class I, which being to the extent of at least twenty-five per cent of the strength of that class, the children belonging to weaker sections and disadvantaged group in the neighbourhood and provide free and compulsory elementary education till its completion.
It has been highlighted by the petitioner in the plea that the details guidelines were being issued by the Government of Assam vide office memorandum dated 02.09.2021, with regards to the benefits which will be offered in terms of Section 12(1)(c) of the Act of 2009, but there being the effective implementation of the said guidelines have not been made yet.
Further, it has also been submitted by him that the said memorandum dated 02.09.2021, wherein it is provided that the State Education Department shall officially announce about the issuance of admission forms under Section 12(1)(c) under the Act of 2009 through websites, regional newspapers, and reliable media. It has also been provided in the memorandum that the admission forms can be received free of cost from the respective schools.
It has also been directed by the court that the State Government to implement the guidelines framed and issued by it vide office memorandum dated 02.09.2021.
Further, it has also been directed by the court that the State Education Department and the schools to announce admission under Section 12(1)(c) of the Act of 2009 which being through websites, the regional newspapers, and the reliable media by 17.03.2023 for the academic year 2023-24.
Therefore, it has also been directed by the Elementary Education Department for officially announcing the admission and the issuance of admission form under Section 12(1)(c) through websites, regional newspapers, and reliable media on or before 14.03.2023 and for ensuring that the respective unaided, non-minority schools are made to issue the said notice by 15.03.2023.
Further, it has also been held by the court that if it is being unaided, non-minority educational institutions do not comply with the requirement, the court is to take an appropriate action as provided under the relevant provisions of the Act of 2009.
