Aastha Pareek
The Supreme Court on February 4, 2025 (Tuesday) expressed strong disapproval of the failure of Telangana, Punjab, and the Union Territory of Jammu and Kashmir to respond to a Public Interest Litigation (PIL) concerning the enforcement of the Right to Education (RTE) Act in the case of Md. Imran Ahmad v. Union of India.
A Bench comprising Justices Vikram Nath, Sanjay Karol and Sandeep Mehta observed that the non-submission of responses by these three regions was stalling the progress of the case. Despite being served notices, none of them had entered an appearance or filed counter-affidavits, while other states had already complied.
“The matter is being delayed due to the non-filing of responses by these three States. Despite receiving notices, no one has appeared on their behalf, nor have they submitted any replies,” the Court noted.
Taking a firm stance, the Supreme Court cautioned that if the responses were not filed before the next hearing, the Chief Secretaries of the concerned states would be required to appear in person.
“We direct the Chief Secretaries of the respective States to remain present at the next hearing if responses are not submitted. However, if the required filings are made and the States are duly represented, their presence will not be necessary,” the order stated.
The PIL, filed by petitioner Md. Imran Ahmad through advocate Ayush Negi, seeks the implementation of Section 12(1)(c) of the RTE Act. This provision mandates that non-minority private unaided schools reserve at least 25% of their entry-level seats for children from disadvantaged backgrounds.
With the Court adopting a strict stance, the onus is now on the defaulting states to comply before the next hearing to avoid further judicial scrutiny.
Case Name:- Md. Imran Ahmad v. Union of India.
Case Number:-Writ Petition(s) (Civil) No(s). 141/2023
Bench:- Justices Vikram Nath, Sanjay Karol and Sandeep Mehta.