The First Bench, comprising Chief Justice Sanjay Kishan Kaul and Justice Puspa Sathyanarayana, was hearing a PIL by A Narayanan, director of NGO Change India, seeking a direction to the state department of School Education to ensure that all provisions of RTE Act, 2009 are implemented in letter and spirit.
Special government pleader of the state D Krishnakumar alleged that funds were not allotted by the Centre for the full-fledged implementation of the RTE Act.
"It is the stand of the state government that all the funds have to be reimbursed by the central government, but counsel for the central government submits to the contrary by relying on Section 7 of the Right of Children to Free and Compulsory Education Act, 2009, providing for concurrent responsibility on the state government for providing funds under the Act."
On matters of reimbursement and other aspects, the court said, "...The only aspect the learned counsel is able to clarify is that in view of Section 3(i) of the said Act, the reimbursement by the central government is only for age 6 to 14 and thus LKG and UKG admission school expenses would have to be borne by the state government. We may note that according to the state government, not a penny has been reimbursed as yet and the entire amounts have been borne by the state government."