The Karnataka High Court on Monday allowed the State government to insist, for now, on private unaided schools to admit children to pre-schools — such as lower and upper kindergarten — under the Right to Education Act for the academic year 2016-17.
Vacating its December 22, 2015 order, in which it had restrained the State from forcing private schools to admit students to KG classes under the RTE Act, Justice A.S. Bopanna observed that since the issue — the admissions to KGs under RTE Act, which was being followed from past three years — required a detailed hearing, it can’t be stopped at present as it would have an impact on the admissions to the first standard under the RTE Act.
Earlier, the government counsel contended that Article 45 of the Constitution of India compels the States to endeavour to provide free and compulsory education for all children until they complete the age of 14, and Section 38 of the RTE Act empowers the State to make rules for implementing the scheme of free and compulsory education.
However, the petitioners, the Associated Managements of Government Recognised English-Medium Schools in Karnataka and others, had contended that Section 2(f) of the RTE Act stipulates elementary education means from Class I to 8 as the Article 21A of the Constitution prescribes free education to all children “only in the age group of six and 14 years.”
Since the LKG an UGG are meant for children below the age group of six, the RTE can’t be made applicable as it would be a violation of Article 21A of the Constitution, it was claimed in the petition.
