Mumbai: The Bombay High Court recently dismissed a petition challenging the Right To Education Act provision that stipulates 25% of seats in schools be allotted to students from the economically weaker sections (EWS). The provision also lays it down that this allocation will be made by schools and not the State government.
A division bench comprising Chief Justice Manjula Chellur and Justice G.S. Kulkarni was hearing a PIL by Savari Muthu Michael Selvan, which contends that these seats are the government’s responsibility. It claims the freedom given to schools with regard to these seats will lead to injustice to deserving students.
The PIL also challenges the RTE rule that says the State government will allot reserved seats to students living beyond the three-km radius of a school if they are vacant. It claims this would change the character of free seats and dilute the object and purpose the RTE Act.
The bench observed, “We are unable to agree with the contention of the PIL as it is policy decision, and we do not find anything arbitrary or illegal in the said provisions.” The order said permitting school managements to take in students eligible for the 25% reserved seats would not cause prejudice or injustice to children seeking admission. Ultimately, the court said, the benefit needs to be given to eligible and deserving students as per rules and norms, and said it was of the opinion that the State government can regulate this. The court said it does not find any merit in the petition.
