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LATEST NEWS UPDATES | SC roots for school quota

SC roots for school quota

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published Published on Feb 17, 2011   modified Modified on Feb 17, 2011
The Supreme Court today spoke up for a 25 per cent school quota for the underprivileged, asking private schools who have challenged the Right to Education Act on this ground to explain how they were claiming a right to fill all their seats as they pleased.

A three-judge bench, headed by Chief Justice S.H. Kapadia, asked the schools to explain under what law they were claiming the right to decide their student intake without any say either of the government or the legislature.

“Show us under which Article (of the Constitution) you have the exclusive right to admit 100 per cent students,” Justice Kapadia asked.

“Reservation, affirmation and privatisation are different. You can call it reservation. I can call it priority. It has to be based on an egalitarian system,” he said.

The bench observed the law was intended to enable the poor to lead a life of dignity.

“Think of inter-generational equity. A disadvantaged (person) can also be an asset,” Justice Swantanter Kumar remarked at one point of the hearing on a batch of petitions filed by some Rajasthan private schools.

On the first day of the hearing, the schools opened their arguments through counsel Vikas Singh.

He claimed that private schools had a right to decide who they wanted to take and the state could not set aside 25 per cent of it for weaker sections and disadvantaged groups. Singh claimed that the quota amounted to a reservation.

But the bench pointed out that what the schools referred to as a “reservation” could be a “priority” for the government. The government had the power to bring in such a law, Justice Kapadia said.

The bench said that it intended to examine the entire scheme of things in the Constitution before it took a call on the legality of such reservations.

Singh also claimed it was an “unreasonable restriction” on their right to run schools guaranteed by Article 19.

But Chief Justice Kapadia said: “To say that it is an unreasonable restriction would be difficult to answer. It can’t be answered without going into the directive principles of state policy.” The directive principles enjoin the state to provide free and compulsory education to all children below 14.

The Telegraph, 18 February, 2011, http://www.telegraphindia.com/1110218/jsp/frontpage/story_13599872.jsp


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