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Compulsory education gives poor right to dignity: Court
Thursday February 17, 2011 09:34:27 PM,
IANS
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New Delhi: The Supreme
Court said Thursday provision of free and compulsory education to
the disadvantaged sections of society was to afford them a right
to live with dignity.
An apex court bench of Chief Justice S.H. Kapadia, Justice K.S.
Panicker Radhakrishnan and Justice Swatanter Kumar made the
observation in the course of the hearing of a petition by the
Society for Un-aided Private Schools of Rajasthan challenging the
provision of the Right to Education Act mandating the private
schools to reserve 25 percent of their seats for the students
coming from socially disadvantaged section of society.
The senior counsel Vikas Singh appearing for the petitioner
society said that the provision leaving aside 25 percent seats for
the students coming from socially disadvantaged section of the
society amounted to reservation and Right to Education Act (RTE)
infringed upon their right to admit 100 percent of their students.
At this Chief Justice Kapadia said that what could be a
reservation for the private schools could be a priority for the
government. He asked under what provisions of the constitutions
they (private schools) enjoyed an absolute right to admit 100
percent of their students without any say to the government or
legislature.
"Show us under which article (of the constitution) you have an
exclusive right to admit 100 percent students", the court said
adding, "We will to see the entire scheme which includes 21 (a) of
the constitution."
"Reservation, affirmation and privatization are different. You can
see it as a reservation. I can call it priority. It has to be
based on egalitarian system of civil society," the court observed.
The court said that legislature has ample power to make law and
asked the petitioner private schools to explain how 25 percent
reservation amounted to "unreasonable restriction on their right
to admit students".
When senior counsel Vikas Singh reiterated reservation was
infringing their rights, Chief Justice Kapadia said, "Whether
restriction is unreasonable is very difficult to answer. It can't
be answered without the study of constitution in the light of the
Directive Principles of State Policy."
The counsel argued that expanses being incurred on account of
admitting these students would have a crippling affect on the
schools. He told the court that government would be paying them
what it was spending in its (government) schools. He said that
reimbursement was only sequel to reservation.
"Expenses are so high that they are killing us," Singh told the
court.
At this court said that at the end of the day expenses are
calculable and asked the senior counsel to show that they are
"killing you".
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