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HIGH COURT OF DELHI
W.P.(C) 3043/2023
SOCIAL JURIST, A CIVIL RIGHTS GROUP .....Petitioner
Through: Mr. Ashok Agarwal
Through: Mr. Preet Pal Singh, Advocate
BCI.
Mr. Mohinder J.S. Rupal, Advocate for respondent No.2-Delhi University
(Through video conferencing)
Mr. Pritish Sabharwal, advocate
Date of Decision: 12th August, 2024
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
1. Present application has been filed on behalf of the petitioner seeking early hearing of the pending application.
2. Issue notice.
3. Mr. Preetpal Singh, learned counsel for respondent No.1-BCI, Mr. Mohinder J.S. Rupal, learned counsel for respondent No.2-Delhi University and Mr. Pritish Sabhrwal, learned counsel for respondent No.3-JMI accept notice. They state that they have no objection to the present application being allowed.
4. Accordingly, with consent of parties, the present application is allowed and the matter is taken up for hearing. CM APPL.63630/2023
5. It is pertinent to mention that the present application has been filed seeking a direction to the Bar Council of India to consider and include The Right of Children to Free and Compulsory Education Act, 2009 (for short ‘RTE Act, 2009’) as a compulsory subject for students of Centres of Legal Education i.e. all Law colleges and Universities.
6. Vide order dated 14th March, 2023, the learned Predecessor Division bench had directed the respondent No.1-BCI to consider the petitioner’s representations dated 15th February, 2023 and 02nd March, 2023 (‘earlier representations’) for inclusion of the RTE Act, 2009 as a compulsory subject in the curriculum of LLB Course.
7. Learned counsel for the applicant states that post disposal of the present writ petition, the petitioner-applicant addressed fresh representations dated 24th March, 2023 and 30th November, 2023 (‘fresh representations’) to the respondent No.1-BCI seeking identical prayers. However, he states that the respondent No.1-BCI has failed to consider and respond to the fresh representations as well as the earlier representations.
8. Today, learned counsel for respondent No.1-BCI draws this Court’s attention to the Chairman’s order dated 05th March, 2024 wherein he has held that it is imperative that each School Board actively complies with the RTE Act, 2009 and both School Boards and Centres of Legal Education either include it in their curriculum and/or conduct workshops, seminars to spread awareness of the RTE Act, 2009. The relevant extract of the Chairman’s Order dated 05th March, 2024 is reproduced hereinbelow:- “CHAIRMAN'S ORDER DATED 05.03.2024 The Bar Council of India, recognizing the paramount importance of the Right of Children to Free and Compulsory Education Act, 2009, as enshrined in Article 21-A of the Constitution of India, which came into effect on 1st April, 2010, under the Presidency of Mr. Pratibha Patil on 26th August, 2009, hereby emphasizes the need for its comprehensive understanding and dissemination. In light of the General Council meeting dated 20.01.2024, vide Item No.15/2024, where representations filed by the Social Jurist Group to the Bar Council of India were discussed, in accordance with the Orders dated 14.03.2023 and 08.12.2023 in WP (PIL) No.3043/2023, before the Hon'ble High Court of Delhi, the Bar Council of India is mandated to consider the petitioner's representations for inclusion of the RTE Act as a compulsory subject in the LLB Course curriculum. The Council, acknowledges that the Right of Children to Free and Compulsory Education Act, 2009, is already taught as part of constitutional law and Fundamental Rights in the legal education curriculum. However, recognizing the significance of this Act, the Bar Council of India had referred the issue to the Advisory Board for Development of Legal Education and Legal Profession, chaired by the Hon'ble Chief Justice of India and comprising various Hon'ble Supreme Court Judges and High Court Judges, for thorough review and consideration However, until the meeting of Advisory Board is held, the Bar Council of India thinks it fit and proper to direct centers of legal education to either consider including the Right to Education Act 2009 in their curriculum or to conduct workshops and seminars aimed at spreading awareness. Additionally, all school boards can be urged to comply with the directives of providing free education until class 8 for children aged 6 to 14, in alignment with the Right to Education Act 2009, which the BCI feels shall also serve the purpose as the ultimate idea is effective implementation in/by schools and spreading awareness in Centers of Legal Education. The following circular is ordered be issued, To: Vice Chancellors All Centers of Legal Education To All School Boards inclusive of the following
1. Central Board of Secondary Education (CBSE)
2. Council for the Indian School Certificate Examinations (CISCE)
3. National Institute of Open Schooling (NIOS)
4. International Baccalaureate (IB) Board
5. Cambridge Assessment International Education (CAIE) Board
6. Maharashtra State Board of Secondary and Higher Secondary Education (MSBSHSE)
7. Uttar Pradesh Madhyamik Shiksha Parishad (UPMSP)
8. Gujarat Secondary and Higher Secondary Education Board (GSEB)
9. Board of Secondary Education, Rajasthan (RBSE)
10. Karnataka Secondary Education Examination Board (KSEEB)
11. Board of Secondary Education, Telangana (BSE Telangana)
12. Board of Secondary Education, Assam (SEBA)
13. Tamil Nadu State Board of Secondary Education (TNBSE)
14. West Bengal Board of Secondary Education (WBBSE)
15. Bihar School Examination Board (BSEB)
16. Punjab School Education Board (PSEB)
17. Haryana Board of School Education (HBSE)
18. Madhya Pradesh Board of Secondary Education (MPBSE)
19. Board of School Education, Uttarakhand (UBSE)
20. Kerala State Education Board (KSEB) Implementation of Right to Education Act 2009 as part of imparting basic Legal Education The Bar Council of India, established by The Advocates Act, 1961 as a statutory body, holds paramount importance in regulating legal education and the legal profession nationwide. In emphasizing the significance of the Right to Education Act-2009, which gained legal force on April 1, 2010, subsequent to receiving the President's assent on August 26, 2009, the Council underscores a fundamental principle, that every child aged between six and fourteen years now possesses an inalienable right to obtain free and compulsory education. This monumental legislation ensures equitable access to education, laying the foundation for a more inclusive and enlightened society. In accordance with the significant strides taken by the Indian Government to enhance literacy rates across the nation, we would like to draw your attention to the effective implementation and spreading of awareness with respect to the Right to Education Act (RTE) 2009, the pivotal legislative measure aimed at ensuring free and compulsory education for children aged 6-14 years. Enacted under Article 21a, the Right to Education Act mandates that every child, irrespective of family income, gender, caste, or creed, should have access to quality education. This act plays a crucial role in fostering financial security, narrowing social gaps, and promoting the holistic development of children. Roles and Responsibilities of School Boards:
1. Free and Compulsory Education: - Provide compulsory elementary education up to Class 8 for free. - Ensure students receive essential elements such as uniforms, textbooks, and stationery items without any financial burden.
2. Minimum Standards: Maintain standards outlined by the Right to Education Act, including teacherstudent ratios, availability of amenities, proper classrooms, and separate toilets for boys and girls.
3. Special Cases: -Admit students who have dropped out of school for any reason, ensuring appropriate support for their academic catch-up.
4. Teachers: - Maintain a proper teacher-pupil ratio. - Ensure deployed teachers possess the necessary academic qualifications.
5. All-Round Development: -Develop a curriculum that fosters the knowledge, talent, and human potential of students, aiming for their all-round development.
6. Minimize Detention: -Implement Continuous Comprehensive Evaluation to enhance student performance and reduce detentions.
7. Monitoring Compliance: - Establish a School Management Committee comprising various stakeholders to monitor proper school functioning and plan for future development.
8. Justiciable: - Adhere to the Grievance Redressal system, making sure that any noncompliance with regulations is promptly addressed.
9. Boosting Social Inclusion: -Reserve 25% of seats for backward or economically weaker students, fostering social inclusion and breaking barriers between privileged and underprivileged students. Prohibitions Under the Right to Education Act:
1. Physical Punishment and Mental Harassment: - Strictly adhere to a zero-tolerance policy against physical punishment and mental harassment.
2. Screening Procedures: - Prohibit different screening procedures for students; all students should be treated equally.
3. Capitation Fees: -Ensure exemption of students from school fees, including any form of capitation fees. In upholding the principles of the Right to Education Act, it is imperative that each School Board actively complies with these regulations and both school boards and Centers of Legal Education either include it their curriculum and/or conduct workshops, seminars to spread awareness of the Right to Education Act-2009. The commitment to providing accessible and quality education to all, without discrimination, is fundamental to the collective progress of our society. Your cooperation in this matter is greatly appreciated. By advocating for this legislation, we can demonstrate our dedication to nurturing an inclusive society wherein every individual, regardless of socio-economic background, is provided with the opportunity to access quality education. Such commitment not only resonates with the principles of equity and social justice but also establishes a strong foundation for the nation’s intellectual and moral development. The Right to Education Act-2009 can stand as a testament to our steadfast commitment to advancing education as a fundamental right and a cornerstone of societal progress.”
9. In view of the aforesaid Chairman’s Order dated 05th March, 2024, no further orders are called for in the present application and the same is closed. The next date of hearing is cancelled.
ACTING CHIEF JUSTICE TUSHAR RAO GEDELA, J AUGUST 12, 2024