SC upholds constitutional validity of RTE Act

All except private unaided minority schools will have to reserve 25% seats at entry level for children from economically weaker sections

jasleen

Jasleen Kaur | April 12, 2012



The supreme court on Thursday upheld the constitutional validity of the Right to Education Act, 2009, which mandates 25 percent free seats to the poor in government and private unaided schools uniformly across the country. All government, local and private schools, including minority schools which are either aided or are built on land taken from the government at a subsidised rate, will have to reserve the said percent of seats at the entry level for children.

By a majority view, a three-judge bench of Chief Justice S H Kapadia and justices K S Radhakrishnan and Swantanter Kumar said the act will apply uniformly to government and unaided private schools except unaided private minority schools. The court had reserved its verdict on August 3, 2011, has now upheld the validity of provisions of the law that made the Right to Education a fundamental right of children in the age group of 6 to 14 years.

The main petitioner of the case was the Society for Unaided Private Schools, Rajasthan, and later other associations representing various private schools questioned the validity of the Act. They said the act impinged on their rights to run educational institutions. The petitions said that the RTE Act, 2009, is unconstitutional and violates fundamental rights.

Reacting to the judgment, lawyer and RTE campaigner Khagesh Jha, said, “It is a landmark decision. It will change the admission criteria. Until now schools had reservation in implementing the act, but now it will all be in favour of parents.”

The private schools' associations are not happy with the decision. RC Jain, president of Delhi State Public School’s Management associations, which claims to represent around 1,500 recognised schools in the capital, says it will affect education in private schools. He said, “The court should have first asked the government to improve the quality of education in their schools instead of asking us to give reservation. Parent have turned to private schools only because government schools do not impart quality education.” But he further added that schools will comply the decision.

Comments

 

Other News

Not just another Manto anthology

The Collected Stories of Saadat Hasan Manto: Volume 1: Bombay and Poona Translated by Nasreen Rehman Aleph Book Company, 548 pages, Rs 999 There are writers, there are writers’ writers, and then there are readers’ writers. Saadat Hasan Mant

These tribal women may be illiterate but are successful entrepreneurs

Meet Promila Krishna, 39, Lalita Nayak, 40, Parbati Gadba, 42, Sanadei Dhuruwa, 39, and Nabita Barika, 41, of Kundra block in Odisha’s Koraput district. Except for Promila who is a matriculate, others haven’t attended school beyond the elementary level. However, while introducing themselves to

Women in workforce: Despite policy support, why it is declining

Michelle Obama once said, “No country can ever truly flourish if it stifles the potential of its women and deprives itself of the contributions of half of its citizens.” That should be so obvious, but it is not, and countries keep depriving themselves of the contributions of half of their popul

Chintan Shivir 2022: Will Congress regain its lost mojo?

The Congress is scheduled to hold a Chintan Shivir (meaning, ‘introspection camp’) from May 13th to 15th in Udaipur and it has identified six specific areas for introspection. These are 1. Political 2. Social Justice and Empowerment 3. Economy 4. Organization 5. Farmers and Agriculture and 6. Y

Role of civil society organisations in governance and CSR

India has the largest share of the deprived and the marginalized among the 1.3 billion-plus, out of the 7.9 billion-plus inhabitants of the world, who are said to be living without shelter or basic amenities required for human existence. Clearly, we need to introspect as to why despite being the fourth or

In a first, Maharashtra village to promote ‘honey tourism’

At a time when climate change, preservation of nature and ecological balance and reducing fertilizers and chemicals in agriculture and food are drawing huge attention, a forest village in Maharashtra is taking strides to become a model ‘Madhache Gaon’ (honey village). The aim is to increase the

Visionary Talk: Arvind Sawant, Member of Parliament with Kailashnath Adhikari, MD, Governance Now


Archives

Current Issue

Opinion

Facebook    Twitter    Google Plus    Linkedin    Subscribe Newsletter

Twitter