SC upholds RTE validity

The Supreme Court on Thursday put its stamp on the validity of the Right to Education Act’s provision making it mandatory for private schools to admit 25 per cent students from weaker sections of the society to supplement the government’s efforts on universalisation of elementary education. But the verdict on the validity of the act came with a dissenting order by one of the judge in a three judges’ bench, headed by Chief Justice of India S. H. Kapadia.

Making the law enforceable with immediate effect, the majority verdict by CJI Kapadia and Justice Swatanter Kumar said the provisions of RTE Act passed by Parliament in 2009 would have to be compulsory implemented by four categories of schools in the country; those in the public sector, run by private education societies getting aid form the government, un- aided private schools and the minority schools getting government aid.

However, the top court “excluded” those minority schools not getting any aid form the government from the ambit of the Act, saying extending the law to them would amount to “violating” Article 30( 1) of the Constitution, which gave the minorities a right to run educational institutions “exclusively” for their children if they are not provided any aid by the government. On this issue, all the three judges had unanimous views.

“This judgement will operate from today. In other words, this will apply from the academic year 2012- 13. However, admission given by unaided minority schools prior to the pronouncement of this judgement shall not be reopened,” the majority verdict said.

Justice K. S. Radhakarishnan gave the dissenting judgement mainly on the grounds that it was the duty of the government to provide sufficient infrastructure facilities to implement the RTE Act provisions as the state could not impose the law on those institutions which are not getting any aid from it. If the law is enforced on un- aided institutions, it would amount to violating the professional freedom guaranteed in Constitution’s Article 19( 6).

However, the majority verdict described the RTE Act as a progressing legislation very necessity for the country when a vast section of the children were still out of schools. It said that the law was in “conformity” with “Directive Principles of State Policy” listed in the Constitution setting a goal for the government to provide “free and compulsory” education to the children up to the age of 14.

“The 2009 Act has been enacted keeping in mind the crucial role of universal elementary education for strengthening the social fabric of democracy through provisions of equal opportunity to all,” the CJI and Justice Kumar in their verdict recorded.