HC rejects petitions challenging new RTE rule

The Karnataka High Court has rejected a batch of petitions challenging the legality of the government's rule that denies admission under RTE quota seats in private schools in the areas where the government and the aided schools are available in the neighbourhood.

A division bench comprising Justices L Narayana Swamy and Dinesh Kumar heard a batch of petitions filed by organisations, parents of children seeking admission under the RTE Act, and RTE Students and Parents’ Association.

The petitions sought directions to declare the amendment of Rule 4 of the Karnataka Right of Children to Free and Compulsory Education Rules, 2012, issued by means of a notification, dated January 30, 2019, as null and void on the ground that it is in violation of fundamental rights of children guaranteed under Article 21 A of the Indian Constitution.

The government had contended that allowing admission in unaided private schools under RTE quota when the government schools were available in the neighbourhood, will be destructive to the very purpose of the RTE Act.

The court stated in its order that the "petitioners or such students have no right of admission to private schools only as long as the government schools, local authorities schools or aided schools are available in the neighbourhood. Under these circumstances... the impugned action of the respondents in bringing the amendment is neither unconstitutional nor arbitrary"

The order further states that "In the circumstances, we are of the view that if the prayer sought for by the petitioner is granted, the functioning of the schools established by the government, local authorities and the aided schools would be at stake. Accordingly, the writ petitions are rejected."