Madras HC seeks govt.’s response to a plea complaining about private schools dodging RTE Act admissions

Litigant says the online portal maintained by the Director of Private Schools to submit RTE applications facilitates only those who reside within a radius of 1 km from the school concerned

May 04, 2023 07:29 pm | Updated 07:29 pm IST - CHENNAI

Justices A.D. Jagadish Chandira and C. Saravanan ordered notice to the School Education Department on the PIL petition filed by an advocate. 

Justices A.D. Jagadish Chandira and C. Saravanan ordered notice to the School Education Department on the PIL petition filed by an advocate. 

The Madras High Court on Thursday directed the School Education Department to respond within two weeks to a public interest litigation petition which complained that an online portal maintained by it for admissions in private schools under the Right of Children to Free and Compulsory Education (RTE) Act of 2009 does not permit submission of applications by those who reside beyond a radius of 1 km from the school concerned.

Justices A.D. Jagadish Chandira and C. Saravanan ordered notice to the department on the PIL petition filed by advocate D. Muthu of Coimbatore. The petitioner said Justice G.R. Swaminath of the High Court had categorically held that the schools could not escape from the requirement to fill up 25% of their intake through admissions under the RTE Act by claiming that there were not enough students from disadvantaged groups in their vicinity.

While dealing with a similar case, the judge had ordered that if there were no sufficient number of such students within a radius of 1 km from the school, then those who were residing beyond it must be considered for admission. The government too had issued an order on the same lines and made it clear that first preference would be given to those residing in proximity to schools and thereafter the others would be considered.

However, contrary to such court order and the government order, the private schools were continuing to deny admission to those residing beyond the radius of 1 km and even the online portal maintained by the Directorate of Private Schools does not provide the option for those residing beyond the radius to submit applications under the RTE Act, the petitioner complained and sought appropriate directions.

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