concerning the non-
applicability of the Right of Children to Free and Compulsory Education
Act, 2009 (for short “the 2009 Act”) to the unaided ... education. The 2009 Act
makes the Right of Children to Free and Compulsory Education
justiciable. The 2009 Act envisages that each child must have access
follows:
“21A. Right to education.--The State shall provide free and compulsory
education to all children of the age of six to fourteen years ... Constitution, provides that the State shall
provide free and compulsory education to all children of the age of six to
fourteen years in such manner
nature of
mandamus, commanding the respondents to ensure the free
and compulsory education to each and every CWSN (Child
with Special Need)/Disabled Children ... nature of
mandamus, commanding the respondents to ensure
the free and compulsory education to each and every
CWSN (Child with Special Need)/Disabled Children
primary stage.
xxx xxx xxx
5. Free Education. - (1) The Administrator shall make
suitable arrangements for imparting free education for all
children until they complete ... compulsory education' casts an obligation on the
appropriate Government to provide and ensure
admission, attendance and completion of elementary
education;
(c) ‗free education
which is contrary to the Odisha Right
of Children to Free and Compulsory Education
Rules, 2010 may also be quashed."
// 4 //
Lilly Samal ... violative of the provisions contained in Right
of Children to Free and Compulsory Education Act, 2009
(for short the "Act, 2009") read with
Right of Children to Free and Compulsory Education Act, 2009 vests the right of the compulsory education in all children between the ages ... child so admitted to elementary education shall be entitled to free education till completion of elementary education even after fourteen years."
26. Chapter
years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of 14 years ... noticed, the constitutional obligation of the state to provide for free and compulsory education of children till they complete the age of 14 years
provisions of Section 12 (i) of Right of Children to Free and
Compulsory Education Act, 2009 (for short '2009 Act') more particularly
with ... education of the child in such other school.
Explanation--The term "compulsory education" means
obligation of the appropriate Government to--
(i) provide free
provides for
compulsory pre-school education whereas sub-section (2) of Section 12
provides for reimbursement only for elementary education and elementary
education is defined ... compulsory education to all children upto age of 14
years. It is the constitutional mandate of the State to provide
compulsory education
activities such as
10
implementation of Right of Children to Free and Compulsory
Education Act, 2009 (hereinafter referred to "2009 Act"), creation ... students
admitted in such schools, these students are entitled to compulsory free
education. This is in keeping the mandate under Section 3 and there
