The division bench of Justices V M Kanade and M S Sonak directed the secretary, Education Department, to file an affidavit by January 20 giving details of the steps taken by the government for implementing RTE.
The bench was hearing a petition filed Brihanmumbai Mahapalika Shikshak Sabha, a union of teachers working in municipal schools, seeking direction to the government and BMC to implement RTE in all aided and unaided schools in the state.
According to the petition, students of BMC and other schools are entitled to free and compulsory education upto class eighth in pursuance of section 3 of RTE Act.
Petitioner's lawyer Rajiv Patil argued that as of now BMC issues School Leaving Certificate to students of Class 4 and 7. These children are likely to go out of the education system and not come back once they take the LC and thus deprived of further free education of class 8, Patil said.
The BMC runs 1,174 schools and the RTE would be applicable to more than 2.27 lakh students who are at present studying in class 4 and 7, the petition claimed.