High CourtsDivision Bench(2019) 06 MAN CK 0012

Momo Tantanga vs State Of Manipur & Ors

Manipur High Court · Decided on 3 June 2019

HON’BLE JUDGES
Ramalingam Sudhakar, CJ · Lanusungkum Jamir, J
RESULT
Disposed Off
CASE NUMBER
Public Interest Litigation No. 22 Of 2019

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Judgment

14 paragraphs · 557 words

R.S., CJ

[1] The PIL focuses on the following issues:-

"(i) Admit this humble writ petition and issue rule Nisi to the respondents.

(ii) Issue a writ in the nature of MANDAMUS and/or any other appropriate Writs, orders or directions as to this Hon'ble Court may deem just and proper, thereby directing the Respondents to establish Primary Schools at Langkhongching Village, Rilram Centre Village and Choktong Village of Tengnoupal District, Manipiur."

[2] Heard Mr. K.Aaron, learned counsel for the petitioner as well as Mr.N.Kumarjit, learned AG for the State.

The Right of Children to Free and Compulsory Education Act, 2009 is the hall-mark of the present writ petition. The grievance of the petitioner is that there is no proper schools established in the various villages and children of these villages are deprived of the proper school education.

[3] Learned counsel refers to Sections 3 and 6 of the Act which are extracted as under.

"3. Right of child to free and compulsory education.-(1 ) Every child of the age of six to fourteen years shall have the right to free and compulsory education in a neighbourhood school till the 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.

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6.

Duty of appropriate Government and local authority to establish school.-For carrying out the provisions of this Act, the appropriate Government and the local authority shall establish, within such area or limits of neighbourhood, as may be prescribed, a school, where it is not so established, within a period of three years from the commencement of this Act. 7."

[4] He also referred to the role of the Autonomous Hills District Area Committee to further the cause of education. It is pleaded that the Autonomous District Council has to ensure that education is imparted to the children of the Hill areas. In the light of the various Hon'ble Supreme Court decisions, learned counsel for the petitioner pleads that schools should be built in the various areas mentioned in the representations.

[5] Heard Mr.N.Kumarjit, learned AG for the State. It is fairly submitted that there will be a time bound plan for providing schools in various hill districts where ever it is not provided and the grievance of the petitioner addressed by Annexure A/2 (colly) dated 14.6.2016, 22.6.2016, 6.9.2018 and 19.10.2018 will be duly considered. It is also pointed out by learned AG that some steps have been taken to establish primary schools at various places of the hill districts. The State Government and 5th respondent will hold series of meeting to ensure that the grievance of the people of hill areas is addressed at the earliest. The representations will be duly considered and appropriate steps in a time bound manner will be taken. The stand of the learned Advocate General, Manipur to provide education to children of hill districts and the assurance on behalf of the State is recorded. It is desirable that suitable measures are taken on or before 29.11.2019. All the officers of Education Department to co-operate in effective implementation of the provisions of the Right of Children to Free and Compulsory Education Act, 2009

[6] PIL stands disposed of with the above observations.