Rajasthan High Court Bench comprising Justice Manindra Mohan Srivastava in the matter of Smile For All Society (NGO) v. Elementary Education Rajasthan & Anr., granted interim relief against the State's decision regarding not to reserve 25% seats for admission of students from the weaker sections in pre-school.
Some Facts and Background of the hearing
This PIL challenged the policy of the State regarding the direction that had been issued by the State Authorities that admission to pre-school classes in educational Session 2020- 21 shall not be governed by The Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as the ‘RTE Act’). Notification Stated that there shall be no reservation of 25% Seats For Weaker Section In Pre-School Admissions.
Learned counsel for the petitioners contended that the State’s directions to prohibit admission to pre-classes under RTE Act is contrary to the statutory scheme of Section 12 of the RTE Act and the State has illegally absolved the private schools from complying with the statutory obligation enjoined under Section 12(1)(c), in relation to per-educational classes, in ignorance of scheme under Proviso to that provision.
State Counsel submitted that in view of the definition of ‘child’ as provided in Clause (c) of Section 2 and that of ‘elementary education’ under Clause (f), the petitions are misconceived as the statutory obligations under the Act cannot be fastened where the education was being provided in pre-school to children under the age of six years which, otherwise, was not a part of the elementary education.
State Government would submit that the applicability of the provisions to pre-school would essentially depend upon proper reimbursement to be made to the State by the Central Government under the scheme of Section 7 of the Act and, therefore, unless such scheme was properly worked out and implemented, no direction could be sought in the garb of PIL by the petitioners
Learned counsel for the petitioners submitted that as the process of admission had been initiated and the last date of submitting the application was 24.10.2021, an appropriate interim order may be made, so that at least for the present ongoing session, the petitions may not be rendered infructuous.
Order of the Court
Court prima-facie found that proviso to Subsection (1) of Section 12 provides that where a school specified in Clause (n) of Section 2 imparts pre-school education, the provisions of Clauses (a) to (c) shall apply for admission to such pre-school education. Thus, Proviso created an obligation on the schools specified in Sub-clauses (iii) and (iv) of Clause (n) of Section 2 to admit, to the extent of at least twenty five percent of the class, Children belonging to weaker sections and disadvantaged groups
It noted that the direction issued by the State Government, on a prima facie consideration, seeks to absolve the schools of the aforesaid specified category from the statutory obligation as stated under proviso of Sub-Section 2 of Section 12.
Therefore, on addressing the issue for welfare of Children Court held that,
“We are inclined, at this stage, to pass an interim order to the effect that the direction of the State shall not come in the way of performance of statutory obligation by the schools specified in Sub-clauses (iii) and (iv) of Clause (n) of Section 2 of the RTE Act and Proviso as referred to above shall oblige them to make admission under the RTE Act. Such admission, however, would be provisional in nature and to be governed by the final order that may be passed by this Court in the writ petitions. Considering the nature of litigation, we deem it proper to list these petitions for final hearing on 17.11.2021”.
The Central Government was advised to file its return on or before 10.11.2021.
Case Details
Case Title: Smile For All Society (NGO) v. Elementary Education Rajasthan & Anr.
Bench: Justice Manindra Mohan Srivastava
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