Sir justice Krishnan Ramasamy order [2/10, 18:44] Sekarreporter 1: Therefore, since a legal obligation casts upon the State Government to implement the fundamental child right as enshrined in the Article 21 A of the Constitution in accordance with the provisions of the RTE Act, it is bounden duty of the State Government to discharge its obligation by letter

[2/10, 18:43] Sekarreporter 1: Sir justice Krishnan Ramasamy order
[2/10, 18:44] Sekarreporter 1: Therefore, since a legal obligation casts upon the State Government to implement the fundamental child right as enshrined in the Article 21 A of the Constitution in accordance with the provisions of the RTE Act, it is bounden duty of the State Government to discharge its obligation by letter and spirit by making reimbursement in time and any delay in reimbursement or any breach of such obligation, would frustrate and defeat the very purpose of scheme itself. This is more so when Section 7(5) of the RTE Act, 2009 clearly stipulates that irrespective of a finance dispute between the Centre and State, in the first instance, the State shall be responsible to provide funds for implementation of the said Act and accordingly, they must provide sufficient provision in the budget, so that this type of delay in reimbursement can be avoided. Therefore, it is for the State to provide funds/reimbursement in the first instance.