Bombay HC Calls For Data Of Private Students Admitted By Private Schools In RTE Seats

Mumbai: The Bombay High Court on Wednesday asked the Association of Indian Schools to provide details of the private students admitted by its member schools in the seats reserved for students from socio-economically backward sections. As per the Right to Education (RTE), 25% seats in private unaided schools have to be reserved for students from weaker sections.

Meanwhile, the State government informed the vacation bench of Justices Nitin Borkar and Kamal Khata that it will open the lottery for admissions under the RTE quota but would not allot seats of these private unaided students till further orders.

The Hc heard a petition by the Association seeking recall of earlier high court order of May 6 by which it stayed the government resolution (GR) of February 9 wherein private unaided schools — having a government-run school within 1 km area — were exempted from admitting children under RTE quota.

The Association claimed that following the February GR, its member schools admitted private students under those 25% seats as well. It claimed that typically, the entire process is carried out in the month of March-April for the academic year that commences from June. Whereas the HC had stayed the GR in May citing “overwhelming public interest”.

“Thus, when the admission process for the academic year 2024-25 was initiated in March/April 2024, no seats were kept aside for disadvantaged group and weaker section. It bears mention that the said stand of the schools was duly conveyed to the Local Authority prior to initiating the same and there was no objection received from such Local Authority,” the plea contended.

Additional government pleader Jyoti Chavan informed the court that all the private schools had applied on the government portal under RTE provisions for admitting students. “After that they cannot admit anyone on those seats. How does the state deal with such a situation?” asked Chavan.

Justice Borkar suggested that in case schools were not following the government directions, then it could initiate action. “If they are not following your directions, then take action,” Justice Borkar said. The government said that it will open the lottery for RTE admissions but will not allot seats. Meanwhile, the petitioners said that no further admissions will be permitted by the schools, the state government completes its procedure.

The HC then asked the association to disclose names of its member schools and the number of students admitted, if available, in each of the schools. The details have to be provided by June 10. The HC has kept the matters for hearing on June 12.

The plea said that it would be "unjust and inequitable that admissions that are already given out to regular students are to be undone and rescinded” merely because of the HC stay in May. If the order is not recalled, “grave and irreparable loss” would be caused, not only to the member schools but more particularly to the children who have now secured admission.

Under the RTE Act, 25% of the seats at the entry point – Class 1 or pre-primary section – in private unaided schools should be reserved for children from economically weaker and disadvantaged sections. These students get education free of cost, while the government reimburses their tuition fees to schools. Schools run by religious and linguistic minorities are exempted from this requirement.

Published on: Thursday, June 06, 2024, 12:04 AM IST