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LATEST NEWS UPDATES | SC refers challenge to RTE Act to constitution Bench

SC refers challenge to RTE Act to constitution Bench

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


The challenge to the validity of the much-hyped Right to Education (RTE) Act mandating free and compulsory education for children was on Monday admitted for hearing by the Supreme Court and referred for adjudication to a five- judge constitution Bench.

A Bench of Chief Justice S H Kapadia and Justices K S Radhakrishnan and Swatanter Kumar found the petition filed by an association of Jaipur-based private unaided schools raising constitutional issues relating to the RTE Act and referred the matter to a five-judge constitution Bench.

Solicitor General Gopal Subramaniam said the HRD ministry would file its response to the petition within four weeks.

The association of schools through counsel Shobha alleged that on the pretext of enforcing the law, the government was attempting to enforce reservation and regulate the affairs of private unaided and minority educational institutions in complete breach of an 11-judge Bench verdict of the apex court.

Article 21A was inserted in the Constitution in 2002 guaranteeing free and compulsory education for children. But, it became a reality after Parliament enacted the RTE Act on August 26, 2009 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 about 100 members including a large number of minority schools, said private unaided and schools run by the minority community needed to be exempted from the ambit of the Act as the 11-judge Bench of SC in the 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 the provisions of the Act providing that "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 the private unaided and minority schools' right to admit students of their choice.

This also denies 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 the private unaided schools.

It also took umbrage at the legislature's decision to treat the Kendriya Vidyalayas, Navodaya Vidyalayas and Sainik Schools on 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.


The Times of India, 7 September, 2010, http://timesofindia.indiatimes.com/india/SC-refers-challenge-to-RTE-Act-to-constitution-Bench/articleshow/6507914.cms


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