J&K High Court closes PIL on RTE Act after State releases Draft Rules

The Jammu & Kashmir and Ladakh High Court on Thursday disposed of a public interest litigation (PIL) seeking effective implementation of the Right of Children to Free and Compulsory Education Act (RTE), 2009 in the Union Territory of Jammu & Kashmir [Young Lawyers Forum V/s UT of J&K & Ors.]..A bench of Chief Justice Arun Palli and Justice Rajnesh Oswal recorded the statement of the government that the Draft RTE Rules have been prepared and placed in the public domain for stakeholder feedback.Following the government statement, the counsel representing the petitioner sought closure of the case. "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/ 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 petition is, accordingly, disposed of with liberty prayed for," the Court ordered..The petition, filed by an NGO, Young Lawyers Forum, had been pending since 2020. It sought enforcement of provisions of the RTE Act, particularly Sections 12(1)(b), 12(1)(c) and 13, 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 came into force in J&K.During the pendency of the case, the Court passed several interim orders for compliance. In March 2023, it specifically directed the State to file a status report on the steps taken to implement the RTE Act in the UTIn response, the State said that the Draft Rules were finalized after deliberations by a re-constituted committee. These Draft Rules, it was stated, aim to embody the mandate of the RTE Act while tailoring its provisions to the specific educational needs and infrastructural realities of the Union Territory.It was further submitted that on August 20, the Draft Rules were upload on the official website of the School Education Department and published in newspapers to invite objections and suggestions from stakeholders. A period of one month has been given for public feedback, following which the final notification would be issued, as per the State.Taking note of the submissions made and the assurance given by the government that the Draft Rules would be finalized within a month, the Bench opined that nothing further survived for consideration in the case. The Court, therefore, disposed of the PIL..Advocate Huzaif Ashraf appeared for Young Lawyers Forum.Senior Additional Advocate General Mohsin S Qadri along with Assisting Counsel Maha Majeed appeared for Union Territory of Jammu & Kashmir..[Read Order]