Sunday, 11 September 2016

SC upholds RTE Act: its salient features for Private Unaided Schools

SC upholds RTE Act, 2009

(DOJ: 12-04-2012) (Society for Unaided Private Schools of Rajasthan Vs. Union of India and another) (S.H. Kapadia CJI, K.S.Radhakrishnan and Swatanater Kumar, JJ) (AIR 2012 SC 3445, FB : 2012 (6) SCC 1 : 2012 (3) MLJ 993) (https://indiankanoon.org/doc/154958944/)


PART VI CONCLUSIONS

1. xxxx 

2. Rights of children to free and compulsory education guaranteed under Article 21A and RTE Act can be enforced against the schools defined under Section 2(n) of the Act, except unaided minority and non-minority schools not receiving any kind of aid or grants to meet their expenses from the appropriate governments or local authorities.

Section 2(n): "school" means any recognised school imparting elementary education and includes--

i. a school established, owned or controlled by the appropriate Government or a local authority;

ii. an aided school receiving aid or grants to meet whole or part of its expenses from the appropriate Government or the local authority; 

iii. a school belonging to specified category; and

iv. an unaided school not receiving any kind of aid or grants to meet its expenses from the appropriate Government or the local authority;

3. Section 12(1)(c) is read down so far as unaided non-minority and minority educational institutions are concerned, holding that it can be given effect to only on the principles of voluntariness, autonomy and consensus and not on compulsion or threat of non- recognition or non-affiliation.

12. Extent of school's responsibility for free and compulsory education.-

1. For the purposes of this Act, a school,--

a. xxxx

b. xxx

c. specified in sub-clauses (iii) and (iv) of clause (n) of section 2 shall admit in class I, to the extent of at least twenty-five per cent. of the strength of that class, children belonging to weaker section and disadvantaged group in the neighbourhood and provide free and compulsory elementary education till its completion:

Provided further that where a school specified in clause (n) of section 2 imparts pre-school education, the provisions of clauses (a) to (c) shall apply for admission to such pre-school education.

4. No distinction or difference can be drawn between unaided minority and non-minority schools with regard to appropriation of quota by the State or its reservation policy under Section 12(1)(c) of the Act. Such an appropriation of seats can also not be held to be a regulatory measure in the interest of the minority within the meaning of Article 30(1) or a reasonable restriction within the meaning of Article 19(6) of the Constitution.

Section 12. Extent of school's responsibility for free and compulsory education.-

1. For the purposes of this Act, a school,--

a. xxxx

b. xxx

c. specified in sub-clauses (iii) and (iv) of clause (n) of section 2 shall admit in class I, to the extent of at least twenty-five per cent. of the strength of that class, children belonging to weaker section and disadvantaged group in the neighbourhood and provide free and compulsory elementary education till its completion:

Provided further that where a school specified in clause (n) of section 2 imparts pre-school education, the provisions of clauses (a) to (c) shall apply for admission to such pre-school education.

5. xxxx

6. Duty imposed on parents or guardians under Section 10 is directory in nature and it is open to them to admit their children in the schools of their choice, not invariably in the neighbourhood schools, subject to availability of seats and meeting their own expenses.

Section 10. Duty of parents and guardian.-

It shall be the duty of every parent or guardian to admit or cause to be admitted his or her child or ward, as the case may be, to an elementary education in the neighbourhood school.

7. Sections 4, 10, 14, 15 and 16 are held to be directory in their content and application. The concerned authorities shall exercise such powers in consonance with the directions/guidelines laid down by the Central Government in that behalf.

Section 4. Special provisions for children not admitted to, or who have not completed, elementary education.-

Where a child above six years of age has not been admitted in any school or though admitted, could not complete his or her elementary education, then, he or she shall be admitted in a class appropriate to his or her age:

Provided that where a child is directly admitted in a class appropriate to his or her age, then, he or she shall, in order to be at par with others, have a right to receive special training, in such manner, and within such time-limits, as may be prescribed:

Provided further that a child so admitted to elementary education shall be entitlted to free education till completion of elementary education even after fourteen years. 

Section 10. Duty of parents and guardian.-

It shall be the duty of every parent or guardian to admit or cause to be admitted his or her child or ward, as the case may be, to an elementary education in the neighbourhood school.

Section 14. Proof of age for admission.-

1. For the purposes of admission to elementary education, the age of a child shall be determined on the basis of the birth certificate issued in accordance with the provisions of the Births, Deaths and Marriages Registration Act, 1886 (6 of 1886) or on the basis of such other document, as may be prescribed.

2. No child shall be denied admission in a school for lack of age proof

Section 15. No denial of admission.-

A child shall be admitted in a school at the commencement of the academic year or within such extended period as may be prescribed:

Provided that no child shall be denied admission if such admission is sought subsequent to the extended period:

Provided further that any child admitted after the extended period shall complete his studies in such manner as may be prescribed by the appropriate Government.

Section 16. Prohibition of holding back and expulsion.-

No child admitted in a school shall be held back in any class or expelled from school till the completion of elementary education

8. The provisions of Section 21 of the Act, as provided, would not be applicable to the schools covered under sub-Section (iv) of clause (n) of Section 2. They shall also not be applicable to minority institutions, whether aided or unaided.

Section 2(n): "school" means any recognised school imparting elementary education and includes--

i. a school established, owned or controlled by the appropriate Government or a local authority;

ii. an aided school receiving aid or grants to meet whole or part of its expenses from the appropriate Government or the local authority;

iii. a school belonging to specified category; and

iv. an unaided school not receiving any kind of aid or grants to meet its expenses from the appropriate Government or the local authority;

Section 21. School Management Committee.-

1. A school, other than a school specified in sub-clause (iv) of clause (n) of section 2, shall constitute a School Management Committee consisting of the elected representatives of the local authority, parents or guardians of children admitted in such school and teachers:

Provided that at least three-fourth of members of such Committee shall be parents or guardians:

Provided further that proportionate representation shall be given to the parents or guardians of children belonging to disadvantaged group and weaker section:

Provided also that fifty per cent. of Members of such Committee shall be women.

2. The School Management Committee shall perform the following functions, namely:--

a. monitor the working of the school;

b. prepare and recommend school development plan;

c. monitor the utilisation of the grants received from the appropriate Government or local authority or any other source; and

d. perform such other functions as may be prescribed

9. xxxx

10. xxxx

11. xxxx

12. xxxx

13. xxxx

Sources: 



Disclaimer

This Blog Spot is meant for publishing reports about the usage of RTE Act (The Right of Children to Free and Compulsory Education Act, 2009) so as to create an awareness to the general public and also to keep it as a ready reckoner by them. So the readers may extend their gratitude towards the Author as we quoted at the bottom of each Post under the title "Courtesy".

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