The main legal point established in the judgment is that non-formal training centres, such as the 'Ekal Vidyalayas', do not qualify as schools under the RTE Act, and the Act is intended to regulate formal education leading to the issuance of certificates, not informal coaching centres.

ARIJIT BANERJEE, J.

1. The petitioner no. 1 is a Society registered under the West Bengal Societies Registration Act, 1961. The petitioner no. 2 professes to be an Office Bearer of the petitioner no. 1 and authorized by the governing body of the petitioner no. 1 to institute the present proceeding.

2. The petitioner no. 1 (in short the ‘Society’) contends that it runs 30, 113 numbers of Non-formal Training Centres in the tribal areas of India for the benefit of the children of tribal families. The students, who are admitted in regular schools in a particular area, come to such a centre for enriching themselves in diverse fields principally for their mental and educational development. Although these centres are called Ekal Vidyalayas, actually these are one Teacher Non-formal Coaching Centres imparting informal education and vocational training.

3. In this writ petition the petitioners pray for quashing of two memos issued by the District Inspector of Schools (P.E.) Dakshin Dinajpur. The first memo is dated 2 March, 2017. The said memo reads as follows:-

“Subject- Regarding some Private School in which the school Authority have not applied for N.O.C. to the competent Authority in terms of RTE-2009 and West Bengal Rights of Children to Free & Compulsory Education Rules-2012,

Ref. Memo No. - 107 (6) SC/P, Dated-03.02.2017

Sir/Madam,

As per direction of the Deputy Director of School Education (Rural Primary), Govt. Of West Bengal, the above mentioned School Authority is requested to attend to a Hearing with all relevant papers of the institution, to be held on 06-03-2017 at the Office of the Sub-Inspector of Schools, Tapan East Circle, Dakshin Dinajpur, from 10 AM to 4.00 P.M.”

The second memo which is dated 10 March, 2017 reads as follows:-

“Subject- Closing of your Institution as per RTE Norms-2009,

Ref. Memo No.-47(21) SC/AIS, Dated08/03/2017,

Sir/Madam,

In reference to the subject mentioned above the undersigned likes to inform you that no school shall be established or recognized under section 18 of RTE Act unless it fulfils the norms and standards specified in the RTE Act, 2009. Your institution has been inspected as per Memo No. - 17-SC/P, Dated03/01/2017 by officers (S.I./S., A.I./S.) as well as a Hearing has been conducted on 06/03/2017 as per Memo No. 107 (6) SC/P, Dated- 03-02-2017. It appears from the Hearing record that you have not applied for NOC, for getting it from the Appropriate Authority. Your school is not fit for running as per RTE Norms, 2009, so close your school as early as possible.”

The petitioners also pray for a declaration that the Non-formal Training Centres which are being run by the Society under the name and style of “Ekal Vidyalaya” are not schools within the meaning of the Rights of Children to Free and Compulsory Education Act, 2009 (in short the ‘RTE Act’) and the Rules framed there under.

Submission of the Petitioners:-

4. Appearing on behalf of the petitioners, Mr. Anindya Kumar Mitra, learned Senior Counsel submitted that the memo dated 10 March, 2017 whereby the Society was directed to close its training centre is an unreasoned memo and on that ground alone is liable to be quashed. No reason has been given as to why the Society’s Training Centre comes under the purview of the RTE Act.

5. Mr. Mitra then submitted that the word “Education” has been used in various Articles of the Constitution of India. In particular he referred to Articles 21A and 30. Article 21A has made imparting free compulsory education to all children in the age group of six to fourteen years a constitutional duty of the State. The category of education (Academic or informal) and the manner of imparting of such education were left with the State to determine by law. To give effect to the intent and sprit of Article 21A, the Parliament has promulgated the RTE Act. The Parliament has determined that the category of edu