SC to hear plea against changes to Karnataka RTE rules, issues notice to on school admission rule change

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New Delhi: The Supreme Court is now ready to hear the plea against the Karnataka government’s Right to Education rule, which exempted unaided and private schools from admitting 25 percent students from the socially and economically disadvantaged groups (EWS) to class in case if no government school is available within the neighbourhood.

An apex court Bench which includes Ajay Rastogi and Surya Kant and headed by Justice NV Ramana issued a notice to the Karnataka government on a petition and sought its response on the plea.

The Karnataka High Court on May 31, confirm constitutional validity of the changes to the Rule 4 of the Karnataka Right of Children to Free and Compulsory Education Rules, 2012.

While issuing a notice, the apex court declined to stay the order.

Advocate Meenakshi Arora along with other counsels represented the petitioner.

The petitioners, Education Rights Trust and RTE Students and Parents Association said the effect of the amendment was “where a government or aided school existed in neighbourhood, private and unaided schools would be exempted from their obligation, under Section 12(1)(c) of the RTE Act (Right of Children to Free and Compulsory Education Act, 2019) to admit in class I, to the extent of at least 25 per cent of the strength of the class, children from weaker sections and disadvantaged groups”.

Therefore it is clear that the obligation upon private and unaided independent schools would exist only where there was no government or aided school in the neighbourhood.


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