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LATEST NEWS UPDATES | RTE wins, 874 children get school entry

RTE wins, 874 children get school entry

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published Published on Aug 6, 2010   modified Modified on Aug 6, 2010

Four months after the Right to Education (RTE) Act came into force, guaranteeing every child up to 14 years of age free and compulsory education, the Delhi High Court on Thursday delivered its first landmark ruling by according the relief to 874 children, 350 of them differently abled.

Justice Rajiv Sahai Endlaw allowed the petition of advocate Ashok Aggarwal of NGO Social Jurist and directed the Delhi government and its schools to admit these children, mostly belonging to lower strata of the society, preferably in schools located in their neighbourhood and in accordance with the RTE Act provisions without delay.

On the question of the classes in which the children should be admitted according to their ages and suitability, the judge said that should be decided by the head of the schools in consultation with the education officers concerned.

Justice Endlaw also observed that the provisions of the Delhi School Education Act could not be factored in while giving admission to the children under the RTE Act. Hence a ward, irrespective of whether he/she had ever studied in a recognised school, must first be given admission in a school before a training programme was decided on and imparted to them for adaptation, the court ruled.

The petition was filed by Aggarwal on behalf of 14 children, but a list of another 860 was subsequently submitted in the court, alleging that the government schools had denied admission to them in violation of the Act.

Denying admissions on any pretext, especially to disabled children, was “illegal, unconstitutional and contrary to the laws”, the counsel had argued.

Aggarwal added that denying entry to physically challenged students on any reason was the contempt of a ruling by former Chief Delhi High Court Justice A P Shah dated September 16, 2009, which stated: “It is made clear that no disabled child shall be refused admission in any of the schools either run by the state government or the local bodies (like MCD, NDMC and Delhi Cantonment Board)”.

The court found favour with his arguments and handed over a list of the students to the Deputy Director of Education, directing him to admit them.

The main petitioner in the case was 12-year-old Heena Khan, who was denied admission to Class VII at the Government Girls’ Senior Secondary School, Jahangirpuri, without being given any reason.

Present in the court, Heena was ecstatic to learn that she could attend school from Friday. “I am elated. English is my favourite subject and I am looking forward to learn the language really well,” she told Newsline . Lallan Khan, her father, expressed happiness that she could finally study at a recognised school.


The Indian Express, 6 August, 2010, http://www.indianexpress.com/news/RTE-wins--874-children-get-school-entry/656731/


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