Jammu & Kashmir High Court Disposes of PIL on RTE Act Implementation
The Jammu & Kashmir and Ladakh High Court has closed a public interest litigation (PIL) seeking the effective implementation of the Right of Children to Free and Compulsory Education Act (RTE), 2009 in the Union Territory of Jammu & Kashmir, following the release of draft rules by the state.
Rte ActJammu KashmirPublic Interest LitigationEducationDraft RulesReal Estate MumbaiSep 13, 2025
A bench comprising Chief Justice Arun Palli and Justice Rajnesh Oswal recorded the government’s statement on the preparation and public release of the Draft Rules. Following this, the counsel for the petitioner sought the closure of the case.
"Learned counsel for the petitioner, as always, fairly submits that the present petition be disposed of in terms of the communication dated September 10, 2025, and the statement made by the learned counsel for the respondents. However, liberty be granted to the petitioner that in the event of any inaction/ indecision in finalising the draft rules or any fresh cause of action, to file a fresh petition, if so advised. For the reasons recorded above, the proceedings in the present petition are closed. The petition is, accordingly, disposed of with liberty prayed for," the Court ordered.
The petition, filed by the Young Lawyers Forum, an NGO, had been pending since 2020. It sought the enforcement of specific provisions of the RTE Act, particularly Sections 12(1)(b), 12(1)(c), and 13, along with directions for framing of Rules and disclosure of details relating to aided and unaided private schools and the extent of free education provided since the Act came into force in J&K.
During the pendency of the case, the Court issued several interim orders to ensure compliance. In March 2023, the Court specifically directed the State to file a status report on the steps taken to implement the RTE Act in the Union Territory.
In response, the State informed the Court that the Draft Rules were finalized after deliberations by a re-constituted committee. These Draft Rules aim to embody the mandate of the RTE Act while being tailored to the specific educational needs and infrastructural realities of the Union Territory.
The State further stated that on August 20, the Draft Rules were uploaded to the official website of the School Education Department and published in newspapers to invite objections and suggestions from stakeholders. A one-month period was given for public feedback, after which the final notification would be issued.
Taking note of the submissions and the government's assurance that the Draft Rules would be finalized within a month, the Bench concluded that nothing further remained for consideration in the case. The Court, therefore, disposed of the PIL.
Advocate Huzaif Ashraf represented the Young Lawyers Forum, while Senior Additional Advocate General Mohsin S Qadri, along with Assisting Counsel Maha Majeed, represented the Union Territory of Jammu & Kashmir.
Frequently Asked Questions
What is the Right of Children to Free and Compulsory Education Act (RTE)?
The Right of Children to Free and Compulsory Education Act (RTE), enacted in 2009, mandates free and compulsory education for all children aged 6 to 14 years in India. It aims to ensure that every child has access to quality education.
What was the main issue in the PIL filed by Young Lawyers Forum?
The PIL filed by Young Lawyers Forum sought the effective implementation of the RTE Act in Jammu & Kashmir, particularly the enforcement of specific sections and the framing of rules to ensure free and compulsory education.
What did the High Court decide regarding the PIL?
The High Court disposed of the PIL after the government announced the preparation and public release of Draft RTE Rules for stakeholder feedback. The Court granted liberty to the petitioner to file a fresh petition if necessary.
What is the significance of the Draft Rules released by the State?
The Draft Rules are significant as they aim to embody the mandate of the RTE Act while being tailored to the specific educational needs and infrastructural realities of Jammu & Kashmir. They were released for public feedback to ensure comprehensive and effective implementation.
Who represented the parties in the PIL?
Advocate Huzaif Ashraf represented the Young Lawyers Forum, while Senior Additional Advocate General Mohsin S Qadri, along with Assisting Counsel Maha Majeed, represented the Union Territory of Jammu & Kashmir.
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