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The Gauhati High Court in a recent order has dismissed a Public Interest Litigation (PIL) petition seeking Universalisation of Elementary Education among the children of private Madrassas.

The said PIL was filed by a lawyer, Sahin Bahar Laskar. The petitioner had prayed for the following directions to be issued to the state:

1. For taking necessary actions for attainment of Universalisation of Elementary Education among the children of privately-run religious Madrassas in accordance with the right to Free and Compulsory Education guaranteed under Article 21-Aof the Constitution of India and the laws enacted thereunder
2. to take necessary action and ensure that all the privately-run Madrassas and such other institutions, where children below the age of 14 years are admitted, are included in UDISE Plus (Unified District Information System for Education) under NIC (National Informatics Centre), and to cause registering of privately-run Madrassas as Minority Institutions as per Minutes of the meeting, dated 25.10.2019 of Project Approval Board for the Centrally Sponsored Scheme for Providing Quality Education to Madrassa; and
3. also for making necessary regulations for compulsory permission and recognition of privately-run Madrassas and such other institutions, where children below the age of 14 years are admitted, as Non-govt. Educational Institution.

Universalization of elementary education denotes universalization of provision, enrolment, retention, participation, and achievement. During 1991-2000 centrally-sponsored District Primary Education Programme (DPEP) was launched for Universalization of Primary Education (UPE), whereas during 2001-2010 Sarva Shiksha Abhiyan (SSA) was launched for Universalization of Elementary Education (UEE). It was given legal status on 1st April 2010 when Right of Children to Free & Compulsory Education Act 2009 was implemented throughout the country. In 2018-19, Samagra Shiksha has been launched to cover the children from Pre-Nursery to Class- XII for Universalization of Education up to Secondary level.

Gauhati High Court while dismissing the suit for lack of locus standi of the practicing lawyer, held that “if any of the Madrassas has any grievance, it would be at liberty to approach this Court.”

Case Title: Sahin Bahar Laskar V. The State Of Assam And & Ors

Access Copy of Order Here