The Supreme Court today sought response from the Centre and Uttar Pradesh government on a plea for restraining the state from completely exempting minority educational institutions from the purview of the Right to Education (RTE) Act.
A bench of justices M B Lokur and R K Agrawal issued notice on the plea filed by Independent Schools’ Federation of India and others.
The plea filed through advocate Ravi Prakash Gupta raised issues like whether minority educational institutions (both aided and unaided) would be completely excluded from the purview of Right of Children to Compulsory Education Act or would they still be subjected to constitutional provisions allowing state’s regulatory measures to prevail over them.
It said “whether small unaided minority educational institutions could be deprived of admissions under 25 per cent seats under section 12(1)(c) which are reimbursed by State of Uttar Pradesh at Rs 450 per month per child?”
The plea said whether right to free education coupled with constitutional right also give him right to apply under 25 per cent seats in a private school when there are sufficient vacancies in government schools also situated in the neighbourhood.
It said this will lead to double expenditure for state by first re-imbursing the private school (fixed by UP government @ Rs 450 per month per child) and secondly, by bearing entire expenditure of government schools which are lying empty including recurring expenditure upon teaching and non-teaching staff.
The plea sought appropriate direction for restraining Uttar Pradesh government and director of basic education from completely exempting minority educational institutions from the purview of the RTE Act.
It also sought direction to the state government for first enrolling the children from disadvantageous/weaker classes in government and government aided schools before sending their names to private unaided schools within the provision of 25 per cent seats.