Pvt schools challenge RTE Act in Supreme Court

Say Govt Trying To Enforce Reservation, Regulate Affairs Of Unaided Institutions

Not all appear to be happy with the muchhyped Right to Education (RTE) Act making free and compulsory education for children a reality.

For, an association of schools on Monday challenged the constitutional validity of RTE Act in the Supreme Court saying the government was trying to enforce reservation and regulate affairs of private unaided and minority educational institutions in complete breach of an 11-judge bench verdict of the apex court.

A bench comprising Chief Justice K G Balakrishnan and Justice Deepak Verma issued notices, albeit reluctantly, to the Centre and HRD ministry on the petition filed by Jaipurbased Society for Unaided Private Schools of Rajasthan.

To the repeated suggestion from the bench that the petitioner would do well to move the Rajasthan high court, senior advocate Harish Salve said, “These are matters of the moment and the apex court is meant to decide such issues which has an all-India ramification.” Article 21A was inserted in the Constitution in 2002 guaranteeing free and compulsory education for children. But it became a reality after Parliament enacted RTE Act on August 26 last year and issued a gazette notification on February 16 this year putting April 1 as the date for commencement of the provisions of the act.

The petitioner, claiming to have nearly 100 members including a large number of minority schools, said private unaided schools and schools run by minority communities needed to be exempted from the ambit of the act as the 11-judge bench of SC in T M A Pai case had held that these institutions “are free to admit students of their choice and the state by regulatory measures cannot control the admissions”.

The association of schools feared that provisions of the act providing “every child of the age of 6 to 14 years shall have a right to free and compulsory education in a neighbourhood school till completion of elementary education free of cost” would seriously affect private unaided and minority schools’ right to admit students of their choice.

This would also deny a child from a less affluent area with poor educational infrastructure the right to seek admission in a school functioning from a posh area, the petitioner said, objecting to the mandatory 25% reservation of seats for poor children by private unaided schools.

It also took umbrage to the legislature’s decision to treat Kendriya Vidyalayas, Navodaya Vidyalayas and Sainik Schools on a par with private unaided schools and limiting their free seats to 25% of the total strength. “There is no justification in exempting these central government schools to the extent of 75% of their strength to admit students for free and compulsory education,” the association said.

Source:- The Times of India 23 March 2010 Delhi Page No. 14