HIV-affected students to get admissions under RTE quota

In good news for thousands instead lakhs of children, the Maharashtra government has decided to provide free education and admissions to children affected with HIV under the 25 per cent quota. The government has also brought children belonging to the Other Backward Caste (OBC) and Special Backward Caste (SBC) under this ambit, provided under the Right to Education Act.

This progressive step comes in pursuance with the orders of the Bombay High Court in a PIL seeking inclusion of OBC students in the 25 per cent quota, in which children from only SC and ST categories were allowed to get admissions.

The PIL was filed by advocate Rajeshwar Panchal and the same was heard by a division bench headed by Justice Naresh Patil. The PIL sought inclusion of OBC category in the ‘weaker section’ as mentioned in the RTE Act, 2009.

Panchal had sought inclusion of OBC category in the weaker section, which only mentioned SC, ST and handicapped children. Having considered his contentions and seriousness of the issue, Justice Patil had asked the government to implement the Right of Children to Free and Compulsory Education Act, 2009 in ‘letter and spirit’.

Accordingly, the government by a GR dated May 17, expanded the ambit of the weaker section by including the children affected by HIV, OBC, SBC and other reserved categories for availing the benefit of 25 per cent reserved seats for free education in private schools.