Three children of casual workers who were prevented from entering the classroom as they did not pay the school fees, can now attend classes thanks to a Madras High Court order.
The court has directed the authorities to supply free books and uniforms to the children. It was open to the schools to claim the fee payable by the petitioners' children from the government under the Right of Children to Free and Compulsory Education Act (RCFCEA). The petitioners K. Sivakumar and P. Mohan, said they belonged to the Scheduled Caste community and were daily wage earners. While Mr. Sivakumar's son Latchumana Kumar was studying in class I in Ramakrishnan Matriculation School, Veppur in Cuddalore district, the sons of Mr. Mohan, M.Vishnu and M. Sathya, were studying Standards VI and IV in Bharatha Vidyalaya Matriculation School, Thandalam Thiruporur in Kancheepuram district. The petitioners alleged that their children were not allowed to enter the classroom as they had not paid the school fees. They were not provided uniform and free textbooks as announced by the Tamil Nadu government, till date.
The petitioners' counsel, M.Pari, contended that under the RCFCEA, every child up to 14 years was entitled to get free and compulsory education in the neighbourhood school, even in unaided schools.
Children belonging to disadvantaged groups and weaker sections had also been included in the legislation for the purpose of free education. The rules had not been issued by the Tamil Nadu government directing the unaided managements to reserve 25 per cent of the strength for weaker sections without collecting any fee.
Justice N. Paul Vasanthakumar said since the petitioners were poor, they were unable to pay the school fee. He directed both the schools to allow the three children to attend classes. He also gave the further directions. The schools could claim the fees after getting further orders from the court. The court has posted the matter for November 21.
The Right to Education would be meaningless unless the underprivileged who are unable to pay the school fees, and buy books and uniforms, are allowed to pursue studies. The direction of the Madras High Court to the authorities concerned to supply free books and uniforms to the three children of petitioners who rushed to court is commendable. It is good that the Madras High Court has made it clear that the schools are open to claim that the fee payable by the children of petitioners from the government under Right of Children to Free and Compulsory Education Act. The contention of ners’ counsel M. Pari that the children up to the
age of 14 years must be given free education in unaided schools also
is right. Free education facility should be extended to the class of
children who come from economically backward sections. Caste also
should not be the main criterion. Economic backwardness should not
deprive the people from getting the basic education.
Hats off to the MHC judge for ordering school re-entry of those 3 poor kids barred from having a basic school education for survival due to cash lack. It's a shame and self-insult to India that such thinking and practices still continue, esp. in a "brahminical" India, much worse in institutions named after the great Indian mystic Sri Ramakrishna Paramahamsa (Gurudev of Swami Vivekananda). Shame falls primarily on our law-bearers, elites, and power polity, past and present, that India still has around 40 to 60 percent illiterate/uneducated work-force, one important reason our HDI (Human Development Index - see HD reports of UNDP)is very low, lower than of our small neighbour Sri Lanka. Quality aside, it's time that Tamil Nadu learnt from its neighbour Kerala that introduced free education till High School end for all children of the State, much before RCFCEA got legally established.Once again - Bravo Justice Vasanthakumar !
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