School in UP charges fee from class VIII students – Lawyer writes to Allahabad HC Chief Justice to take action on RTE PIL Postcards

ASHOK AGARWAL 483, Block-II Advocate Lawyers Chambers, Delhi High Court New Delhi-110003 M-09811101923 E-mail: juristashok@gmail.com To Hon’ble Shri Amitava Lala Acting Chief Justice Allahabad High Court Allahabad, U.P. October 26, 2012 Subject: Illegal fee-charging by Girls’ Inter College, Sasni, Hathras, District, U.P. in violation of the RTE Act, 2009 Respected Sir I, Ashok Agarwal, an advocate by profession have been working actively in the field of right to education for the past 15 years. Under the RTE-PIL Postcard Campaign, I have been receiving postcards on violations of the right to education by students from across the country. As part of the same campaign, I have received several post-cards from a student namely Nisha Kumari and a social worker Ms. Sarita Kumari from Hathras regarding charging of fee to the tune of Rs. 600 per child per year by Girls’ Inter College, Sasni, Hathras, Uttar Pradesh (The postcards are enclosed herewith for your consideration).The student is in Class VIII and is still being made to pay fees. The student has expressed that she belongs to a very poor Sheduled Caste family and has three sisters. Her father is unable to bear the fee-expenses and her studies are likely to be discontinued soon due to financial constrains. It is respectfully submitted that under the Article 21-A of our Constitution as well as under The Right of Children to Free and Compulsory Education Act (RTE Act), 2009, which came into force on April 1, 2010, every child has a right to free and compulsory education upto Class VIII. Section 3 of the RTE Act is reproduced below: 3. (1) Every child of the age of six to fourteen years shall have a right to free and compulsory education in a neighbourhood school till completion of elementary education. (2) For the purpose of sub-section (1), no child shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing the elementary education. It is submitted that the Girls’ Inter College, Sasni, Hathras is fully owned and controlled by the Government of Uttar Pradesh. Under Section 12 (1) (a) of the RTE Act, a school established, owned or controlled by a government or local authority is bound to impart absolutely free elementary education to all the students on its roll. Section 12 (1) (a) reads as under: 12 (1) For the purposes of this Act, a school- (a) Specified in sub-clause (i) of clause (n) of Section 2 shall provide free and compulsory elementary education to all children admitted therein; Section 2 (i) (n) is reproduced below: 2 (n) “school” means any recognized school imparting elementary education and includes— (i) A school established, owned or controlled by the appropriate government or a local authority In view of the above-cited provisions of the Act, the act of the Girls’ Inter-College, Sasni, Hathras of charging fee from students of Class VIII and below, is in clear violation of the law of the land. The school must stop illegal charging from the students and also refund all charges on account of school fee collected from April 2010 onwards. It is therefore requested that this letter along with the post-cards enclosed hereto may kindly be treated as a Public Interest Litigation and necessary directions to the authorities as may deem fit and proper to your good self be issued. Yours Sincerely Advocate Ashok Agarwal Mobile No. 09811101923 E-mail: juristashok@gmail.com