Delhi High Court (Chief Justice Bench) today directed Government of Delhi to make notified Rules under Section 38 of Right of Children to Free and Compulsory Education Act, 2009 in 3 weeks. These directives have come on the PIL filed by Social Jurist, A Civil Rights Group through Advocate Ashok Agarwal complaining that despite having the RTE Act, 2009 coming into force w.e.f. 01.04.2010, Delhi Government has failed to make Rules by Notification resulting in delay in implementation of most of the important provisions of the Act. ”The failure to do so on the part of the Government defeats the very object and purpose of the enactment of RTE Act, 2009”, submitted Mr. Agarwal.
The Court taking serious note of the deliberate delay in bringing notified rules, had on the last hearing directed Delhi Principal Secretary (Education) Mr. Rakesh Mohan to be personally present in the Court today. The Delhi Government Counsel has informed the Court that the final Rules have been approved by the Cabinet on 04.11.2011 and have been sent to the Lt. Governor of Delhi for assent on 08.11.2011 and would be notified within 3 weeks. Mr. Rakesh Mohan was also present in the Court. Disposing of the PIL, the Court noted that the notified rules were required for the implementation of the Right of Children to Free and Compulsory Education Act, 2011 and directed the Government to notify the rules in 3 weeks positively.