Changes to RTE rules: SC tells state, NGOs to submit queries

The Supreme Court on Thursday asked the Karnataka government and NGOs to frame questions for its consideration, arising out of the challenge to validity of the changes made in 2019 to the Karnataka rules under the Right to Education Act.

A bench of Justices N V Ramana, Surya Kant and Hrishikesh Roy gave two days' time to senior advocate Jayna Kothari for NGOs and Additional Advocate General of Karnataka Nikhil Goel to submit the questions which arise for consideration for adjudicating the case.

With the changes, the state government exempted unaided and private schools from admitting 25% students from the poor and disadvantaged group to class I, if seats in government and aided schools were available in their neighbourhood.

The Karnataka High Court had, on May 31, 2019, upheld the constitutional validity of the amendment to Rule 4 of the Karnataka Right of Children to Free and Compulsory Education Rules, 2012.

Earlier, the top court admitted two petitions filed by 'Education Rights Trust' and others and 'RTE Students and Parents Association' for consideration. It, however, had declined to stay the HC's judgement.

The petitioners claimed the amended rules were detrimental and unfair to the Karnataka students who belonged to the weaker and disadvantaged groups. Their rights have been adversely impacted and has resulted in a 92% decline in RTE applications as per newspaper reports, they claimed.

The amendment provided that “no unaided school falling under sub clause (iv) of clause (n) of Section 2 of the Right of Children to Free and Compulsory Education Act, 2019, shall be identified for the purpose of admission of disadvantaged group or weaker section, where government school and aided schools are available within the neighbourhood," the petitioners said.