JUDGMENT

Sudhanshu Dhulia, C.J. - Heard Mr. K.K. Mahanta, learned senior counsel, assisted by Mr. K.M. Mahanta, learned counsel for the writ appellants, and Mr. D. Saikia, learned senior standing counsel, Government of Assam, appearing for the respondent Nos.1 & 2, Mr. K. Gogoi, learned Central Government counsel, appearing for the respondent No.3 and Mr. I. Alam, learned standing counsel, NCTE, appearing for the respondent No.5.

2. Right to elementary education was made a fundamental right after the 86th amendment to the Constitution of India[1] in the year 2002 (w.e.f. 01.04.2010), by incorporating Article 21A in Part III of the Constitution of India. This right, however, could not be made effective until the manner of providing the compulsory education was determined. This was done by way of Parliamentary Enactment known as Right of Children to Free and Compulsory Education Act, 2009 (from hereinafter referred to as the "Act"), which became effective on 26.08.2009. The Act is founded on the belief that the values of equality, social justice and democracy and the creation of a just and humane society can be achieved only through provision of inclusive elementary education to all[2]