RTE Act cannot be questioned, says SC

 A three-judge Bench headed by Chief Justice S H Kapadia said that the legislature in its wisdom was within its rights to pass an Act, which can be challenged only if it impinged upon the fundamental rights. “If the legislature says that we want to give access of education to a particular group of children, can we say that it is putting a restriction of your fundamental right,” Justice Kapadia asked.

The court put its poser to former Additional Solicitor General Vikas Singh, who contended that the RTE violated the fundamental rights of private institutions to impart education. He was arguing on behalf of Association of Unaided Schools from Karnataka and some minority institutes.

Singh submitted that the Act impinged upon the rights of the institutes to take admission as per their choice without any interference from the government.

The Bench, however, said: “We understand that your right to choice is restricted but under the Right to Life provided under the Constitution, don’t you think the state can ask you to provide some seats to children of disadvantaged group as these children are assets for future,” the Bench also comprising Justices K S Radhakrishnan and Swantanter Kumar said.

The court while directing Singh and other counsel to file an affidavit detailing the benefits if any from government to run their institutes has posted the matter for further hearing for February 24.

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