In a setback to private school managements, the Karnataka High Court on Tuesday upheld the rule which calls for all private schools in the State to mandatorily submit self-declaration-cum-application of recognition of their institute to the Education Department under the Karnataka Right of Children to Free and Compulsory Education (KRTE) Rules, 2012.
The order upholds the rules framed by the State government which call for fresh registration of all private schools by providing details about their school as per Form-1 of the rules under the provisions of the Right to Education (RTE) Act, 2009.
Dismissed
Justice B.S. Patil passed the order while dismissing a petition filed by Mother Teresa Convent English Medium Primary School, Kolar. The school management had questioned the validity of Rule 11 of the KRTE Rules.
The petitioner-school contented that as the State government had granted recognition to the school under the Karnataka Education Act, 1983 seeking fresh recognition under the KRTE Rules and the RTE Act does not arise. The Rule 11 of the KRTE Rules is in direct conflict with the provisions of the Karnataka Education Act and also the Karnataka Educational Institutions (Recognition of Primary and Secondary Schools) Rules 1999, it was claimed in the petition.
The petitioner-school also claimed that Section 18 of the RTE Act, which mandates obtaining of certificate of recognition by all existing private schools under the RTE Act, does not apply to Karnataka in view of the provisions of the Karnataka Education Act.
The petition had also sought a direction to the State government against insisting for registration under the RTE Act.
However, the court did not accept the contention of the school and held that Section 18 of the RTE Act was applicable to the State and Rule 11 of the KRTE Rule was valid.
