High Court upholds private schools petition on RTE

The vacation bench of the Karnataka High Court on Tuesday passed an order restraining the State government from sending children for admission under the RTE quota to LKG and UKG to schools that are members of the Associated Managements of Government Recognised English Medium Schools in Karnataka (KAMS).

Around 1,500 schools across the State are members of KAMS. While granting the interim prayer, Justice Anand Byrareddy sought to know whether government schools have LKG and UKG classes.

After learning that the State government run schools do not have these classes, the bench observed how the government can insist on private schools to admit children for such classes under the RTE Act.

KAMS has approached the court seeking directions to restrain the Department of Primary and Secondary Education and the Department of Public Instructions from sending children for admission to LKG and UKG under the 25 per cent quota under the RTE Act for the academic year 2016-2017 to its member schools. 

KAMS in its prayer has sought directions to restrain the State government from insisting upon its members to adhere to the entire RTE Act, 2009, except Section 12(1) (c) which talks about 25 per cent reservation of seats to the children from the weaker section of the society.

The petitioner's advocate, G R Mohan, has argued that Section 2(f) of the RTE Act 2009 stipulates elementary education, Class I to Class VIII, and not LKG or UKG, which is for children below 6 years.

The State government cannot insist the petitioner to adhere to the entire RTE Act as they are governed under the Karnataka Education Act, 1983, and the said Act has not been repealed by the Central Act.

KAMS has also questioned the State government circular of September 19, 2015, in relation to reimbursement of fees to the extent of 25 per cent students admitted under RTE Act which restricts to Rs 5,924 for pre-primary and Rs 11,848 for Class I.

The petitioner has said that the reimbursement of fees by the state government has to be based on the actual expenses incurred per child by the educational institutions without insisting on the audited statement of accounts.

Petitioner has said that the amount being claimed by the petitioner is also not paid. The petitioner has said that they are budget schools and they are dependent on the fees being collected from the students for the rest of 75 per cent and they are finding it difficult to maintain the institutions. 

The bench ordered notice to the department of primary and secondary education and to the department of public instructions and adjourned the hearing.