Madras HC says funds payable by Centre to state to implement RTE need not be linked to NEP
The Madras high court on Tuesday observed that the funds payable by the Union government towards the state government to implement the Right to Education (RTE) Act need not be linked to the National Education Policy (NEP) 2020.
'It is true that implementation of the Samagra Shiksha Scheme (SSS) is aligned to NEP 2020. But then, obligation under the RTE Act is independent by itself…. We, therefore, direct the Central Government to consider de-linking the RTE component of SSS and disburse the funds accordingly,' the high court said in its orders.
The issue has been raging in Tamil Nadu, where the ruling DMK has lamented about lack of central funds in various spheres including education. The state has refused to implement the NEP in full. A bench of justices GR Swaminathan and V Lakshminarayanan who reserved the orders in the case during vacation sitting in May pronounced them on Monday. It was based on a writ filed by a petitioner V Eswaran in public interest seeking a direction to the school education department in the state and Centre to initiate the admission process under RTE immediately for the current academic year. Though the admission must happen before the academic year commences, until the second week of May, steps were not taken to receive applications online, the petitioner had contended.
'Section 7 of the Act states that the Central Government and the State Governments have concurrent responsibility for providing funds for carrying out the provisions of the Act. Section 7(3) of the Act mandates that the Central Government shall provide to the State Government as grant in aid of revenues such percentage of expenditure referred in sub-section 2 as it may determine from time to time in consultation of the State Governments. Therefore, funds payable to the State Government representing the Central Government's share towards discharging the RTE obligations need not be linked to NEP 2020,' the court said.
Since the state government had moved the Supreme Court on the issue, the high court said, 'we are not in a position to issue any binding direction in this regard.'
The total sum for the financial year 2024-25 towards SSS is ₹3,585.99 crores. The share of the Central Government is said to be ₹2,151.59 crores. 'The RTE component must be less than ₹200.00 crores. There cannot be any difficulty in releasing the Central Government's share under this head. We, therefore, direct the Central Government to consider de-linking the RTE component of SSS and disburse the funds accordingly,' the court said.
Additional advocate general J Ravindran, appearing for the state government, while conceding that the private school managements are entitled to reimbursement, contended that this responsibility has to be shared between the Central and the state Governments.
He added that unfortunately, the State has not been paid its legitimate dues and as a result, the State Government is not able to reimburse the school managements in time. His stand was that due to non-release of funds by the Union government, the expenditure towards RTE reimbursement to the schools under Section 12(1)(c) of the Act to the tune of ₹188.99 crores for the year 2022-23 was borne in entirety by the Government of Tamil Nadu and for the last two years reimbursements have not been made.
Additional solicitor general ARL Sundaresan pointed out that since the State Government has not agreed to implement NEP 2020, there are issues regarding disbursement of funds. He pointed out that in view of Section 7(5) of the Act, it is the State Government that is primarily responsible for implementing the RTE Act.
The moot question the court considered is whether the State Government can default in fulfilling its statutory and constitutional obligation by citing non-receipt of funds from the Union Government. It, '...leads us to the irresistible conclusion that the State Government is obliged to commence the admission process under the RTE Act,' the court said and directed the state government to make reimbursements by adhering to the timeline laid down in the Act.
'Non-receipt of funds from the Union government cannot be cited as a reason to wriggle out of this statutory obligation,' the court said. 'Having issued the aforesaid directions to the state government, we call upon the Central government to discharge its obligations under the Act.'
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Indian Express
4 hours ago
- Indian Express
After high command diktat, Karnataka government junks caste census report, to go for fresh survey
Karnataka's cabinet on Thursday decided to conduct a fresh socio-educational survey of various castes in the state and not to implement the recommendations of the previous survey–popularly called the caste census–conducted by the Karnataka State Commission for Backward Classes. The decision came after the Congress high command met Chief Minister Siddaramaiah and Deputy Chief Minister D K Shivakumar on Tuesday, after which the party leadership asked Siddaramaiah to go for a 're-enumeration' of the populations of the different castes in the state. The diktat from the high command came when the chief minister was on the verge of having his cabinet clear the recommendations of the survey report in a special cabinet meeting held on Thursday. Siddaramaiah, who announced the decision at a news conference, referred to a provision under the Karnataka State Commission for Backward Classes Act to defend the fresh survey. As per Section 11, Clause 1 of the Act, the findings of the Socio-economic and Education Survey carried out in 2015 would be invalid as 10 years had passed since then. 'The State Government may at any time, and shall, at the expiration of ten years from the coming into force of this Act and every succeeding period of ten years thereafter, undertake revision of the lists with a view to excluding from such lists those classes who have ceased to be backward classes or for including in such lists, new backward classes,' the clause reads. 'The provision is very clear,' Siddaramaiah said, adding '…the cabinet, considering these clauses, has decided that since the commission conducted the survey 10 years ago, we will ask the commission to go for a fresh survey.' Responding to queries, the chief minister said the modalities of the exercise would be announced soon but the survey would be completed in a 90-day time frame. The recommendations of the survey report–such as shifting Kurubas from Category 2A (Other Backward Classes) to Category 1 (Backward Castes), enhancing reservation for Muslims under the 2B category from four to eight per cent, enhancing reservation for the 3A and 3B categories, which include the dominant Vokkaliga and Lingayat communities, from existing four and five per cent to seven and eight per cent, respectively–will now be scrapped. The re-survey is considered a setback for the chief minister, who had along with senior ministers such as Satish Jarkiholi and H C Mahadevappa pushed for the implementation of the survey. At the same time, the dominant Lingayat and Vokkaliga communities and their leaders had cast apprehensions on the survey and publicly opposed its findings. Sources say that Shivakumar had opposed the report in the cabinet meeting held on June 5 and flew to Delhi earlier this week seeking the intervention of the high command. 'Both Vokkaligas and Lingayats teaming up due to the report would not augur well for the party in the next elections,' an aide close to Shivakumar said, claiming it to be the reason for the Vokkaliga leader to lobby against the report. Apart from that, prominent Lingayat leaders too are learnt to have complained to the Congress high command about the 'complications' the report would create if its recommendations were to be implemented. Siddaramaiah commissioned the survey in 2015 during his first tenure as chief minister and it was accepted by the state cabinet in April this caste re-survey, Karnataka caste census, re-enumeration of castes, Siddaramaiah, Vokkaliga, Lingayat, D K Shivakumar
The Hindu
4 hours ago
- The Hindu
HC directs Madurai Corporation to demolish temple constructed unauthorisedly on OSR land
The Madurai Bench of the Madras High Court has directed Madurai Corporation to demolish a temple constructed unauthorisedly on an Open Space Reservation (OSR) land in Madurai. The court was hearing the petition filed by R. Mayilsamy of Madurai who had sought a direction to the authorities to remove the unauthorised construction under the provisions of Tamil Nadu Town and Country Planning Act. The petitioner complained that a temple was constructed illegally by some residents of an apartment complex on the OSR land in New Vilangudi. A Division Bench of Justices S.M. Subramaniam and A.D. Maria Clete observed that OSR land cannot be allowed to be encroached upon even by the residents of the apartment complex. The OSR lands are to be maintained in the manner contemplated under the Act and the Rules in force. The court observed that it is clear that the temple had been constructed without permission and was unauthorised. The OSR land had been utilised for construction of a temple in violation of the Act and the Rules. The Supreme Court and the High Courts have time and again reiterated that OSR lands cannot be encroached upon by the resident or any other person. It is to be maintained by the authorities in the manner contemplated under the Act and the Rules, the court observed. Since the temple has been constructed unauthorisedly in the OSR land of the apartment complex and in violation of the Rules, the structure has to be demolished and the OSR land is to be maintained scrupulously in accordance with the provisions of the Act and the Rules. The court directed Madurai Corporation to demolish the unauthorised construction and restore the land to its original position as per the approved building plan in four weeks. The matter was posted for reporting compliance on July 2.
The Hindu
4 hours ago
- The Hindu
BJP slams Congress over caste survey report, calls it political ploy to divert attention from stampede tragedy
The BJP on Wednesday described the Congress' decision to junk the Socio-economic and Educational Survey report – popularly known as the caste survey – as an effort to shift public attention from the stampede tragedy in which 11 people died during the victory celebrations of Indian Premier League champions Royal Challengers Bangalore. Addressing media persons here on Wednesday, Mysuru MP Yaduveer Krishnadatta Chamaraja Wadiyar said that the survey conducted by the State Government was a wasteful, unscientific, and politically motivated exercise. 'The BJP had always opposed it on the grounds that it was unscientific, and the Congress, with its decision to junk the original report, has conceded that the report is flawed,' said Mr. Wadiyar. He also said that the Centre's planned caste-based census in 2026 would render any parallel State-level effort redundant, and urged the State Government to drop the move as it amounted to wastage of tax payers' money. 'The State Government has proved its incompetence in conducting such an exercise and since the Centre is already taking it up, there was no need for duplication of efforts,' said Mr. Wadiyar. That the decision to re-do the caste survey was taken by the Congress high command in Delhi, raises questions whether Karnataka is ruled by an elected government or office bearers of the All India Congress Committee, he added. 'It is not the Karnataka Cabinet or the people of the State who are taking these decisions – it is being dictated by unelected leaders in Delhi. Is it Rahul Gandhi and K.C. Venugopal who are running Karnataka?' he asked. Pointing out that more than ₹165 crore was spent over 10 years ago in preparing the report, Mr. Wadiyar said that people need to know how the Congress intends to compensate for it. Raghu Kautilya, BJP OBC Morcha State president echoed similar sentiments, and said that with the Congress in trouble in Karnataka over the stampede tragedy, the party leaders have chosen to discard the report to divert public attention and retain their posts. The Congress' move is a clear indicator that the party was prepared to jettison the interest of the backward classes to remain in power, said Mr. Raghu. He also challenged Congress leaders' claim that a new caste survey could be completed in 90 days. 'Is this serious governance or just another headline-grabbing move?' he asked. The BJP leaders said nearly ₹165 crore spent on the Kantharaj survey should be compensated to the tax payers and urged the State Government to focus on practical development issues rather than engaging in politically motivated census exercises.
