Srinagar, Sep 13, KNT: The Jammu and Kashmir and Ladakh High Court has disposed of a public interest litigation (PIL) that sought effective implementation of the Right of Children to Free and Compulsory Education Act (RTE), 2009 in the Union Territory of Jammu and Kashmir.
A division bench comprising Chief Justice Arun Palli and Justice Rajnesh Oswal took note of the government’s submission that Draft RTE Rules have been prepared and uploaded in the public domain for stakeholder feedback. Following this statement, the counsel for the petitioner requested closure of the matter.
“Learned counsel for the petitioner, as always, fairly submits that the present petition be disposed of in terms of the communication dated September 10, 2025, and the statement made by the learned counsel for the respondents. However, liberty be granted to the petitioner that in the event of any inaction or indecision in finalising the draft rules, or any fresh cause of action, to file a fresh petition, if so advised. For the reasons recorded above, the proceedings in the present petition are closed,” the bench ordered.
The petition, filed in 2020 by NGO Young Lawyers Forum, had sought enforcement of provisions of the RTE Act, particularly Sections 12(1)(b), 12(1)(c), and 13. It also sought directions for framing of Rules and disclosure of details relating to aided and unaided private schools and the extent of free education provided since the Act’s enforcement in Jammu and Kashmir.
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During the pendency of the case, the Court had passed several interim directions. In March 2023, it specifically asked the government to file a status report on the steps taken to implement the RTE Act. The government later submitted that the Draft Rules had been finalized after deliberations by a reconstituted committee and tailored to the specific educational needs and infrastructural realities of the Union Territory.
According to submissions, the Draft Rules were uploaded on the School Education Department’s official website and published in newspapers on August 20, inviting objections and suggestions from stakeholders. A month-long period was set aside for public feedback, after which the final notification is to be issued.
The Court noted these submissions and assurances, observing that nothing further survived for adjudication. The PIL was accordingly disposed of with liberty to the petitioner to approach the court again if fresh cause of action arises.
Advocate Huzaif Ashraf appeared for the Young Lawyers Forum, while Senior Additional Advocate General Mohsin S Qadri, assisted by counsel Maha Majeed, represented the Union Territory of Jammu and Kashmir. [KNT]
