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LATEST NEWS UPDATES | Constitution Bench to hear petitions against RTE Act by J Venkatesan

Constitution Bench to hear petitions against RTE Act by J Venkatesan

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published Published on Sep 7, 2010   modified Modified on Sep 7, 2010


A five-judge Constitution Bench of the Supreme Court will hear a batch of petitions filed by several private unaided and minority schools challenging the government's new Right to Education Act, 2009, which guarantees free and compulsory education for all children between 6 and 14 years of age in the country.

Under this law, every child aged 6 to 14 shall have the right to free and compulsory education in a neighbourhood school till elementary education.

A three-judge Bench of Chief Justice S.H. Kapadia and Justices K.S. Radhakrishnan and Swatanter Kumar referred the petitions to a Constitution Bench after counsel for the petitioners pointed out that several constitutional provisions required interpretation.

The petitioners — the Society for Unaided Private School of Rajasthan, the Forum of Minority Schools and others — contended that the Act had included all sorts of schools within its ambit in violation of the law. “The Act is violative of the fundamental right of private unaided schools enshrined under Article 19(1)(g) of the Constitution and the minority schools enshrined under Articles 29 and 30 of the Constitution.”

“Serious flaws”

They submitted that though the Act was brought in to make India a knowledge hub, it had “serious flaws.” “The Act completely fails to address the issue of quality education. It discriminates between children by applying the faulty concept of neighbourhood schools, is silent on pre-primary education for children between 3 to 6 years, makes no mention of the learning levels of children etc.”

Every unaided and minority school will now have to admit without any choice any child who comes from its neighbourhood. This would compel poor children to study in bad schools in their locality. The Act did not confer any such right on children aged below six. They said the Act “directing schools to provide free and compulsory education to 25 per cent students violated the petitioners' fundamental right to establish and administer the educational institution under Article 30 (1).


The Hindu, 8 September, 2010, http://www.hindu.com/2010/09/08/stories/2010090863181500.htm


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