JOIN US The deadlock between the State government and the private school managements over enforcement of the Right to Education continued on Tuesday.
The Karnataka Unaided Schools’ Management Association (KUSMA) had said on Monday that it would defy the 25 per cent quota for weaker sections under the RTE since the government had not defined a ‘minority institution.’
“To implement the Act without defining minority institution is much like sending an invitation to a wedding without deciding who the bride and groom are,” said Dhananjay, the legal advisor to KUSMA.
He said the schools will approach the court in case the government initiates action for not complying with the Act.
As of now, the schools do not have “concrete dispute” to approach the court, he said. KUSMA has a membership of 1,800 schools.
Commissioner for Public Instruction Tushar Girinath told Deccan Herald that there was no mandate for the government to define minority institutions under the Act as it had already been done in the Indian Constitution.
Niranjan Aradhya, Fellow, Centre for Child and the Law, National Law School of India University, said the government need not define a minority institution at this point of time.
“The term has already been defined under the Karnataka Education Act, 1983 (Sec 2.21) and the State government is bound by it,” he said.
The definition
The Karnataka Education Act, 1983 defines a minority institution as “A private educational institution of its choice established and administered by a minority whether based on religion or language, having the right to do so under clause (1) of Article 30 of the
Constitution”
Aradhya further said that though he had voiced concerns on exempting minority institutions from the 25 percent quota (as a large chunk of schools in the state will fall under the minority category), one cannot defy the Supreme Court order.
Those concerned may file a review petition before the Court, but not implementing the Act will amount to contempt of court, he said.
Tushar Girinath added that the government cannot specify the nature of action that would be initiated against the institutions not falling in line.
“We will wait till the deadline is over. Action will be initiated based on specific details”, he said.