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SC upholds seats for poor under Right to Education
Friday April 13, 2012 10:23:02 AM,
IANS
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New Delhi: The
Supreme Court Thursday upheld the constitutional validity of the
right to education (RTE) act that mandates unaided private schools
to keep 25 percent seats for students from economically and
socially weaker sections of society.
However, the court made it clear that this quota would not be
applicable to unaided minority institutions.
The apex court bench of Chief Justice S.H. Kapadia and Justice
Swatanter Kumar upheld the constitutional validity of Section 12
1C of the RTE act that provides 25 percent reservation for
students from weaker sections of society.
However, Justice K.S. Radhakrishnan, in a dissenting judgment,
held that the mandate under RTE providing for reservation of seats
was not constitutionally valid, thus none of the unaided schools,
be it majority or minority, could be compelled to earmark 25
percent seats in their institutions for weaker sections.
The court said the judgment will come into force from Thursday
itself, but the admissions already made will not be disturbed.
The Supreme Court was giving its verdict on a batch of petitions
challenging the constitutional validity of the RTE law that
requires private schools to earmark 25 percent seats for poorer
students.
A batch of petitions by the Society for Unaided Private Schools,
Independent Schools Federation of India and others had contested
the provision in the law under which they had to reserve 25
percent seats for economically weaker sections in their schools.
The schools contended that the reservation for children from
vulnerable sections of society violated their right to run
educational institutions without the state's interference.
The schools' contention that the reservation for poor students
would drain their resources was contested by the government.
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