The Supreme Court on Monday sought a reply from the Karnataka government on an appeal filed by a group of parents challenging an amendment in the State’s Right to Education (RTE) Rules that does not make it mandatory for private unaided schools to admit economically backward class students if there are government or aided schools in the same locality.
A Bench led by Justice N.V. Ramana issued notice on a petition filed by Education Rights Trust and RTE Students and Parents Association against the amended Rule 4 (7) of the Karnataka RTE Rules. The Karnataka High Court in May 2019 upheld the amendment.
The petitioners contended that the amendment was contrary to the objective of the Right of Children to Free and Compulsory Education Act (or RTE Act).
They have sought a direction from the Supreme Court to the State to continue admission under 25% RTE quota in private unaided schools even if government or aided schools exist in the neighbourhood.
The petitioners have appealed a decision of a Division Bench of the High Court, which said that though education was a fundamental right under Article 21A of the Constitution, parents could not insist on admission in private schools when there were seats available in nearby government and aided schools.
“When government schools exist, the State need not reimburse the cost or expenditure of the child. If the parents want to admit their child to private unaided schools, it is their decision, for which the government is not liable or accountable,” the High Court had reasoned.
The High Court had declined the contention raised by the petitioners that the amendment was arbitrary, saying the standing of government schools would be put to risk if parents insisted on using the RTE quota to gain admission exclusively in private schools.
The High Court had agreed with the State’s argument that an obligation to allow admission to unaided schools and reimburse fees would arise only in the absence of government schools in the locality.
