Out-of-school kids: Karnataka HC directs govt to ascertain survey method

The High Court on Wednesday directed the state government to convene a meeting of all stakeholders, including amicus curiae, to ascertain whether the survey on the issue of out-of-school children was carried out in terms of Rule 6 of model rules under the RTE Act.

A division bench, headed by Chief Justice Abhay Shreeniwas Oka, was hearing a suo motu petition on the implementation of the provisions of the RTE Act and Rules.

Referring to a letter by the Chief Commissioner of Bruhat Bengaluru Mahanagara Palike (BBMP) to the Additional Chief Secretary of the Urban Development department, the court said the BBMP has not understood the purport of the order on the household survey.

The bench directed the government to convene a meeting to ascertain whether the survey was carried out in terms of the directions of the court and in terms of Rule 6 of the RTE Rules.

“Apart from holding the meeting, we direct the Additional Chief Secretary to the Urban Development Department to address a letter to the Chief Commissioner of BBMP to ensure that the work of survey is undertaken by the BBMP in terms of sub-rule 1 of rule 6,” the court said.

The bench permitted the amicus curiae to file a memo on record if infirmities are found in the process of the survey adopted by the state government or any local authority. The matter has been posted to July 19.

Rule 6 of the RTE Rules requires the local authority to maintain a record of all children in its jurisdiction, through a household survey, from their birth till they attain 14 years.

In an interim direction passed on March 16, 2020, the court had directed the government to ensure that the household survey is completed by April 30, 2020. The court had also directed to ensure that the record of children, from their birth till they attain 14 years, is generated at least six weeks before the commencement of the next academic year.