The High Court of Karnataka on Monday directed the State government to ensure that all local authorities, from city corporations to panchayats, conduct a household survey to maintain records of children from their birth till they attain 14 years, as per the provisions of the Right of Children to Free and Compulsory Education (RTE) Act and the Karnataka RTE Rules.
Observing that obligation in the law was not to conduct survey of only children in the age group of 6-14 and out-of-school children but the household survey was to collect data of children from their birth to 14 years, the court directed that the survey will have to be completed by April 30, and the records of children up to 14 years should be generated at least six weeks before the commencement of the 2020-21 academic year.
A Division Bench comprising Chief Justice Abhay Shreeniwas Oka and Justice Ashok S. Kinagi passed the interim order on a PIL petition suo motu initiated in 2013 on the issue of out-of-school children.
Not to use teachers
The State government must ensure that all local authorities update the record of children every year through household survey at least two months before the commencement of the academic year, the Bench said, while making it clear that teachers cannot be used for the survey as section RTE Act does not allow use of teachers for non-educational purposes, except for certain tasks like population census, elections, and disaster relief.
The local authorities can use self-help groups and NGOs working in the field for conducting survey, the Bench said.
‘Analyse data’
Observing that various obligations set out under the RTE Act and and Rules cannot be enforced at all without the data of children from their birth till they attain age of 14 years, the Bench said the government, after completion of survey by the local authorities, should analyse the data and submit a comprehensive report to the court.
Fill vacant posts
Meanwhile, the Bench also directed the government to fill remaining posts of education coordinators, who acted as attendance authority, within a period of one month and impart training to them on provision so the RTE Act and the Rules, and their specific roles.
The Bench also directed the State to reconsider its decisions of giving only ₹500 per month for their work related to out-of-school children, and not to pay travel allowance to parents of out-of-school children to attend meetings of child welfare committee as per the provisions of the RTE Act.
