Supreme Court: RTE must in private schools

DC CORRESPONDENT
Published May 7, 2014, 10:42 am IST
Updated Apr 1, 2019, 9:42 am IST
RTE not followed in private schools in Andhra Pradesh
Picture for representational purpose only. (Photo: DC archives)
 Picture for representational purpose only. (Photo: DC archives)

New Delhi: The Supreme Court on Tuesday held that the Right of Children to Free and Compulsory Education Act (RTE), which mandates 25 per cent seats in all schools be reserved for the economically disadvantaged, is not applicable to minority institutions as it is “ultra vires” of the Constitution and will “abrogate” their right.

A five-judge Constitution bench headed by Chief Justice R.M. Lodha said that the 2010 judgement of its three-judge bench, which held that the 2009 Act was applicable to aided minority schools, was “not correct”.
 
Federation of Public Schools, a conglomerate of over 350 private unaided schools, had contended that the law violates their right to run their schools without government interference. 
 
The petition had contended that although a three-judge bench had in 2012 upheld the validity of the law, this was erroneous as the court did not consider two earlier Constitution Bench rulings that the state cannot interfere in the affairs of private institutions.
 
However, In Andhra Pradesh, the RTE is not being implemented in aided, unaided minority schools as also private schools since it came into force in April 2010. These institutions were forced into confrontation with the state over the amount that would be reimbursed for poor students as specified in the Act.
 
Though then chief minister K. Rosaiah took up the issue, it was left to the next incumbent N. Kiran Kumar who had written to the Centre over the issue of reimbursement in to aided and unaided minority instituions and private schools. The Centre has since then kept the issue in cold storage.
 
Private Schools Management Association president S. Srinivsas Reddy said. “We are ready to get the poor students admitted provided the government gives a clarity on the amount it would reimburse.”
 
The petitioner had said the earlier rulings had stated such interference would violate Articles 14, 15(1), 19(1)(g) and 21. The right to education law was enacted in 2009 to provide free and compulsory education to children aged between six and 14 years.
 
 
...




ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
-->