TAG: GS 2: POLITY, SOCIAL JUSTICE
THE CONTEXT: On July 19, the Bombay High Court quashed the Maharashtra government’s notification that exempted private schools within a one-kilometer radius of government or government-aided schools from reserving 25% of their seats for students from weaker sections and disadvantaged groups.
EXPLANATION:
- This quota, mandated by Section 12(1)(C) of The Right of Children to Free and Compulsory Education Act, 2009, aims to provide fee concessions to these students, with the state government reimbursing private schools for the expenses.
The Quota Under Section 12(1)(C) of the RTE Act
- Section 12(1)(C) of The Right of Children to Free and Compulsory Education Act, 2009, requires private unaided schools to reserve 25% of their seats for children from weaker sections and disadvantaged groups in the neighborhood.
- Right to Education Act (RTE) provided free and compulsory education to children in 2009 and enforced it as a fundamental right under Article 21-A.
- The 86th amendment to the constitution of India in 2002, provided Right to Education as a fundamental right in part-III of the Constitution.
- The same amendment inserted Article 21A which made Right to Education a fundamental right for children between 6-14 years.
- The 86th amendment provided for a follow-up legislation for Right to Education Bill 2008 and finally Right to Education Act 2009.
- The state government is responsible for reimbursing the private schools for the fees of these students, ensuring that education is accessible to all, regardless of socio-economic background.
The Controversial Notification
- The notification issued on February 9 stated that private unaided schools within a one-kilometer radius of government or government-aided schools would not be required to reserve 25% of their seats under the RTE quota.
- This rule applied to both existing and future private schools in such vicinities.
- The intention was to prioritize admissions to government and government-aided schools for students from socio-economically disadvantaged backgrounds if they were located within the specified distance.
States Following Similar Exemptions
- Before Maharashtra, Karnataka and Kerala had introduced similar exemptions.
- Karnataka implemented this rule in December 2018, referencing Kerala’s regulations established in 2011.
- In Kerala, RTE fee concessions are only available to students if there are no government or aided schools within one kilometer for Class 1 admissions.
Reasons Behind State Exemptions
- Government Perspective
- State governments introduced these exemptions to address declining enrollment in government schools.
- In Karnataka, the then Law Minister Krishna Byregowda highlighted that allowing parents to choose private schools over nearby government schools had led to a significant drop in enrollment ratios in government institutions.
- Financial Reimbursement Issues
- Private schools and teachers’ organizations have pointed out that state governments often fail to reimburse fees for RTE quota students in a timely manner.
- According to Section 12(2) of the RTE Act, state governments must reimburse private schools for the expenses incurred per child or the fee amount, whichever is less.
- In Maharashtra, the Maharashtra English School Trustees Association (MESTA) threatened to boycott RTE admissions due to pending reimbursements amounting to Rs 1,800 crore.
Criticism of the Notification
- A member of the sub-committee of the Central Advisory Board of Education involved in drafting the RTE Act criticized the Maharashtra government’s amendment.
- It was argued that Section 12(1)(C) was designed to combat educational apartheid in India and promote parity and equality of opportunity for all children.
- The amendment was deemed unjustified.
- A Pune-based RTE activist emphasized that the RTE quota aimed to provide marginalized students access to quality education in private schools.
- The notification was criticized for effectively closing the small window that allowed disadvantaged students to benefit from education in good private schools.
SOURCE: https://indianexpress.com/article/explained/bombay-hc-rte-quota-9464016/
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