SC: No review to RTE judgement; minority aided schools not exempted

Both government and private-run schools must offer quality education free of cost to those from disadvantaged sections, the Supreme Court has ruled.

The apex court reiterated that the Right to Education Act (RTE) will be applicable to all aided, private and minority schools who are getting grants from the government.

The court was hearing petitions filed by private schools seeking review of its April 12 judgement in which it had upheld constitutional validity of the RTE Act.

A bench of justices B S Chauhan and F M Ibrahim Kalifulla rejected the arguments of the private schools that imposition of such conditions violated their fundamental right guaranteed under Article 19(1)(g) (carry out any profession) as being "unreasonable".

"Democracy depends for its very life on a high standard of general, vocational and professional education. Dissemination of learning with search for new knowledge with discipline all round must be maintained at all costs," the bench said.

"Provision of free and compulsory education of satisfactory quality to children from disadvantaged and weaker sections is, therefore, not merely the responsibility of schools run or supported by the appropriate governments, but also of schools which are not dependent on government funds," a PTI report quoted the bench, as saying.

The bench asserted that education has to be "qualitative" and for that trained teachers are required.

"The Legislature in its wisdom after consultation with the expert body fixes the eligibility for a particular discipline taught in a school. Thus, the eligibility so fixed require very strict compliance and any appointment made in contravention thereof must be held to be void," the bench said.

The Supreme Court's judgement meanwhile also means that minority aided schools will not be exempted from the purview of the Right to Education Act.

The Catholic Bishops Conference of India (CBCI) in a petition had earlier contended that the fundamental right guaranteed to all minority groups under Article 29(2) of the Constitution allowed them to establish and administer educational institutions of their choice.

The RTE Act provides for free and compulsory education to children between 6 and 14 years and mandates schools to reserve 25 per cent of seats for them.