Mumbai: The Supreme Court on Friday upheld the Bombay High Court’s (HC) ruling quashing a state notification excepting certain private schools from having to admit marginalised students under the Right to Education (RTE) Act.
A bench of Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Mishra dismissed a Special Leave Petition (SLP) filed by the Association of Indian Schools, a city-based body representing schools, against the HC’s July decision. Underscoring the need for an inclusive education, the bench said when the children studying in these private schools interact with EWS (economically weaker section students, they will understand what truly the country is.
Under the RTE Act, 25% of the seats at the entry point – Class 1 or pre-primary section – in private unaided schools should be reserved for children from economically weaker and disadvantaged sections. These students get education free of cost, while the government reimburses their tuition fees to schools. Schools run by religious and linguistic minorities are exempted from this requirement.
However, the notification of the Maharashtra government, issued on Februray 9. had exempted private schools within a one-kilometre radius of government or aided schools from providing a 25% quota for students belonging to “weaker section and disadvantaged group in the neighbourhood”. The decision was aimed at promoting the government-run schools while reducing the financial burden of reimbursing private schools.
However, the top court said the government schools can never compete with the private schools however good they may be. “Children from the EWS category must attend good schools. When the children studying in these schools interact with EWS students, they will understand what truly the country is. Otherwise they will just live in cocoons of fancy gadgets and cars,” the bench said.
“Obligation is not just of the state but everyone who has received benefits of being brought up in this great country to ensure that people who are less fortunate get the benefit of moving ahead on the social ladder,” it said.
While quashing the notification, the high court had said the notification was ultra vires (beyond legal power) to Article 21 of the Constitution and the provisions of the Right of Children to Free and Compulsory Education Act, 2009, also known as Right to Education (RTE).
A bunch of petitions had challenged the notification claiming it contravened the provisions of the RTE Act. The pleas said the notification violated children’s constitutional right to education.
According to the petitioners, the notification was unconstitutional and contrary to the RTE Act which entitles children from weaker and disadvantaged sections to free education.
