Author: M. V. Geethika Reddy
To the Point
The BJP has accused the DMK of failing to provide enough teachers and sufficient facilities (classrooms, restrooms, etc.) as required by law for government schools in areas like Coimbatore. According to the RTE Act and constitutional principles, the State must provide free and compulsory education for children between the ages of 6 and 14, including staffing and facility requirements. State governments are required by court decisions to establish safe and cozy learning environments. In the “RTE expenditure case,” a legal challenge to the Tamil Nadu government, the Madras High Court has mandated that the State be held responsible for the RTE expenditures for the 2025–2026 academic year.
Use of legal jargon
Under writ jurisdiction (Article 226 of the Indian Constitution), students, parents, or social organizations who believe they have been harmed may petition the High Court to have their fundamental rights under Article 21A and the RTE Act enforced. In addition to non-interference, the “state’s positive obligation” principle calls for proactive service delivery. The theory of legitimate expectation may be applicable when the government makes claims or promises. Actionable rights may arise if these commitments are broken. Furthermore, failure to maintain adequate infrastructure or the minimum required student-teacher ratio (PTR) may be deemed arbitrary under Article 14.
Additionally, mandamus can be used under public law remedies to compel the State to carry out its responsibilities; in rare cases, restitution may be sought under tort or constitutional tort if harm is caused (e.g., a hazardous building causing harm).
The Proof
Public Statements: BJP leader Vanathi Srinivasan publicly blamed the DMK government for the lack of basic facilities like restrooms and classrooms, as well as the teacher shortage in Coimbatore South and elsewhere.
Reports & Allegations: The BJP claims that many schools are operating in dangerous conditions, forcing students to learn outside under trees or on terraces due to the condition of the buildings.
Unfilled Teacher Vacancies: According to the BJP, there are thousands of unfilled teaching positions, and part-time teachers are searching for full-time jobs.
Court Orders: The Madras High Court decided that unless the federal government also contributes, the state must cover the entire cost of RTE in 2025–2026.
Abstract
This article examines recent allegations made by the Bharatiya Janata Party (BJP) that the Tamil Nadu government of the Dravida Munnetra Kazhagam (DMK) has failed to uphold its legal duties by permitting ongoing teacher shortages and subpar facilities in government schools, especially in Coimbatore. Probable remedies, Indian jurisprudential precedents, the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act), the legal requirements of the Indian Constitution, and the evidence and proof that are currently available are all examined in this article. The conclusion lists possible remedies and the state’s appropriate course of action. Frequently asked questions are also included.
Case Laws
“Mohini Jain v. State of Karnataka (1992) [AIR 1992 SC 1858]”
The right to education is implied by Article 21 (right to life). The state is required to provide education free of fees, including capitation.
“Unni Krishnan, J.P. v. State of Andhra Pradesh (1993) [AIR 1993 SC 2178]”
established the necessity of providing free education until a certain age and the right to a high-quality education.
“Society for Unaided Private Schools of Rajasthan v. Union of India (2012)”
affirmed that the State must carry out its obligations under the RTE Act, including those pertaining to admissions to private schools; however, it also established boundaries and addressed other matters.
Conclusion
Beyond political rhetoric, the BJP’s criticism of the DMK government in Tamil Nadu for poor infrastructure and a lack of teachers touches on the State’s serious legal and constitutional obligations. According to the RTE Act and constitutional precedents, states must ensure that schools are safe, well-equipped, and have enough employees to teach students. The evidence suggests that Coimbatore and other locations are not fulfilling these standards.
Should the State fail, affected parties may file writ petitions for mandamus, file a public interest lawsuit (PIL) in the Madras High Court, or, in severe cases, invoke constitutional torts when safety, dignity, or life are in jeopardy.
FAQ
What is required by the RTE Act, and what is it?
Every kid aged 6 to 14 has the right to free and compulsory education at a neighborhood school, according to the Right of Children to Free and Compulsory Education Act of 2009. It also establishes standards for teacher qualifications, the student-teacher ratio, and infrastructure (safe school buildings, restrooms, and safe drinking water, among other things).
What clauses in the constitution support this?
Education is now a fundamental right under Article 21A (added by the 86th Amendment, 2002). Additionally, the State’s duty to offer high-quality education is supported by Articles 14, 21, and other Directive Principles (such as 45).
If there are still teacher openings, can the state be held responsible?
Indeed. According to case law, the judicial process may contest the failure to maintain the necessary PTR or the unfilled teacher vacancies.
Does the Center share responsibility for RTE funding, or is the State solely responsible?
The RTE Act assigns duties to both the federal and state governments. However, disagreements about cost allocation surface in certain court decisions (such as the RTE spending issue in Tennessee). Courts have occasionally ordered the State to take on greater financial accountability.
What options are there in the event that schools are unsafe?
PILs or individual writ petitions seeking orders to enforce building safety, amenity, and infrastructure standards are examples of remedies. Until safety is guaranteed, courts have the authority to compel inspections, plans for corrective action, temporary solutions (such as other classrooms in the event that the structure is deteriorated), or even closures.
