Hon’ble Manoj Misra,J.
By order dated 12.01.2018 this Court had required the State respondents to
file a counter affidavit on various aspects culled out in the order and the
counter affidavit was to be filed by an officer not below the rank of
Additional Secretary in the Primary Education Department of the State of
Unfortunately, today, counter affidavit has been filed on behalf of the
respondents 3, 5 and 12 only and no counter affidavit has been filed on
behalf of the State. Moreover, counter affidavit has not been filed by an
officer of the rank of Additional Secretary or above.
It appears that the State is not serious in disclosing its stand in respect of
its obligation under the provisions of Right of Children to Free and
Compulsory Education Act, 2009 as well as fundamental right to basic
education guaranteed under Article 21-A of the Constitution of India
because, despite specific direction, the State has chosen not to submit its
response. It may be noticed that copy of the order dated 12.01.2018 was
supplied to the learned Standing Counsel under order of the Court to
In view of the above, let this matter be listed again, along with other
connected matter, in the additional cause list on 22nd February, 2018, by
which date, positively the order dated 12.01.2018 shall be complied by
filing affidavit on behalf of State by dealing with all aspects culled out in
the order dated 12.01.2018 with explanation as to why the order dated
12.01.2018 was not complied earlier.
By the next date, Sri H.N. Pandey, who represents the Central Board of
Secondary Education, may file counter affidavit of the Board in the light
of the earlier order dated 04.12.2017. The petitioner would be at liberty to
file rejoinder affidavit to the counter affidavit filed on behalf of
respondents 3, 5 and 12.
While filing counter affidavit, the State would also examine as to what
action has been taken by other States in fulfilling their obligations under
the RTE Act, 2009.
Order Date :- 5.2.2018