JUDGMENT :

(S. Manikumar, J.)

1. Petitioner, who is a public spirited citizen, has preferred this public interest litigation to ensure strict compliance of Section 12 of the Right of Children to Free and Compulsory Education Act, 2009 hereinafter referred to as ‘the RTE Act, 2009’.

2. Section 12 of the RTE Act, 2009 provides that a school which is established by the Government or aided by the Government shall provide free and compulsory education to the children.

3. Reliefs sought for in the writ petition are as follows:

“i. issue a writ in the nature of mandamus commanding the respondents 1 to 4 to ensure that at least 25% of the seats in Class I to Class VII (elementary School) and pre-school of unaided schools functioning under the respondents are filled up by children belonging to disadvantaged group defined under Sec.2(d) and child belonging to weaker section as defined under Sec.2(e) of Right of Children to Free and Compulsory Education Act from the academic year 2021-22.

ii. issue a writ in the nature of mandamus commanding the respondents to ensure that the children, his or her parents or guardian are not subjected to any screening test for admission to the schools functioning under respondents 1 to 4 in view of Sec.13 of the Right of Children to Free and Compulsory Education Act and no capitation fee is collected for such admission.

iii. issue a writ in the mature of mandamus commanding the respondents to give wide publicity for informing the general public the availability of admission to class I of unaided schools functioning under the respondents under Sec.12(1)(c) of Right of Children to Free and Compulsory Education Act in order to ensure that the parents and guardians of such Children are aware of the aforesaid statutory right.”

4. On the basis of the averments and grounds, it is submitted by Mr.V.M.Krishnakumar, learned counsel for the petitioner in the writ petition that the RTE Act, 2009 provides free and compulsory education to all children of age of six to fourteen years. Section 3 of the RTE Act, 2009 stipulates that every child of the age of six to fourteen years, including child referred to in clause (d) or clause (e) of Section 2 shall have a right to free and compulsory education in a neighbourhood school till the completion of his elementary education.

5. Section 2(d) of the RTE Act, 2009 defines “child belonging to disadvantaged group” -a child with disability or a child belonging to the Scheduled Caste, Scheduled Tribe, the socially and educationally backward class or such other groups, having disadvantage owing to social, cultural, economical, geographical, linguistic, gender or such other factor, as may be specified by the appropriate Government, by notification.

6. Section 2(e) of the RTE Act, 2009 defines “child belonging to weaker section” -a child belonging to such parent or guardian whose annual income is lower than the minimum limit specified by the appropriate Government, by notification.

7. Section 3(2) of the RTE Act, 2009 provides that no child shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing the elementary education.

8. As per Section 7 of the RTE Act, 2009, the Central Government and State Government shall have concurrent responsibility for providing funds for carrying out the provisions of the Act. Section 12 of the RTE Act, 2009 provides that a school which is established by the Government or aided by the Government shall provide free and compulsory education to the children.

9. Section 13 of the RTE Act, 2009 provides that no school or person shall, while admitting the child, collect any capitation fee and subject the child or his or her parents or guardian to any screening procedure.

10. Grievance of the petitioner is that in the entire State of Kerala, none of the unaided schools functioning under the Kerala Education Rule or the unaided schools functioning under the CBSE Board and ICSE Board are providing any s