M.R. Shah, J.

Present Public Interest Litigation has been preferred by the petitioner herein praying for the following reliefs;

(A) Your Lordship may be pleased to issue appropriate writ, order or directions to the respondents to,

(I) Display list of all children admitted in Class I of each primary schools during academic year 2017-18 alongwith details including whether children are admitted on RTE seats or non RTE seats as well as children belonging to weaker section or disadvantage group and other necessary details on web portal (www rtegujarat.org) and or notice board of respective DEO, DPEO and School.

(II) To prepare and submit the reports in Hon'ble High Court of Gujarat and also publish on official RTE web portal (www rtegujarat.org) describing,

(a) list of schools who have shown less seats of Class I compared to actual enrollment in their Class I alongwith their DISE code, District, Taluka, Block /Village, Address, Actual Enrollment in Class I and seats shown on web portal during 2017-18 RTE Admission process.

(b) list of schools who have been escaped during 2017-18 RTE admission process alongwith their DISE Code, District, Taluka, Block /Village, Address, Actual Enrollment in Class I etc.

(c) list of schools who have been recognized during academic year 2017-18 & 2018-19 alongwith their DISE code, District, Taluka, Block /Village, Address.

2. It is the case on behalf of the petitioner that to have transparency in implementation of the RTE Act for the academic year 2018-19 and to see that the object and purpose of the RTE Act is achieved and the actual benefit reaches to the concerned beneficiaries for whom the RTE Act is enacted, the reliefs sought in the present petition may be allowed /granted.

[2.1] In the further affidavit dated 01/05/2018, it is pointed out that when the applications are invited on-line for admission under the RTE Act for the academic year 2018-19 many schools are kept out of the purview of the RTE Act and thereby denying the rights, which is accrued in favour of the weaker section of the society for whose benefit the RTE Act is enacted. It is also further submitted that as such in the year 2017-18 in fact all the 25% seats were not offered for admission. The State in fact fixed the target of only 60, 000 and the remaining seats, out of 25%, were not offered for admission to the weaker section of the society. It is submitted that the aforesaid is contrary to Section 12(1) (c) of the RTE Act 2009.

Making the above submissions and relying upon the provisions of the RTE Act, the petitioner has requested to issue appropriate directions to the State authorities so as to have transparency in the admission process so that maximum students belonging to the weaker section of the society may get admission in the schools of their choice within the 25% seats reserved as per Section 12(1) (c) of the RTE Act.

3. On an advance copy being served, Ms. Manisha Lavkumar, learned Government Pleader has appeared on behalf of the respondents State authorities. An affidavit-in-reply is filed on behalf of the respondents State authorities affirmed by the Deputy Director, Primary Education, Gandhinagar. She has placed on record the relevant material in support of the submissions on behalf of the respondents State authorities that the admission process under the RTE Act is absolutely in transparent manner and all efforts are being made by the State authorities to see that the object and purpose of the RTE Act is achieved and all the 25% of the seats are offered for admission to the eligible students. It is submitted that all efforts are being made to see that all the schools notify the seats in their respective schools and the same are actually verified by the appropriate authorities so that no school is escaped from the purview of the RTE Act. She has submitted that following steps are taken and /or being taken by the State Government for the better and effective implementation of the RTE Act and the entire admissio