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Thursday, April 12, 2012

Right To Education A Fundamental Right : Supreme Court

Right To Education A Fundamental Right : Supreme Court

The Supreme Court has upheld the constitutional validity of the Right to Education Bill making it mandatory for private schools to reserve 25% seats for children of economically weaker sections of society.
The RTE judgement will come into effect from today and the court said prior admissions would not be affected.
See also -  Quality Education (Teacher Eligibility Test ) to implement RTE  :


A bench comprising Chief Justice SH Kapadia and Justices KS Radhakrishnan and Swantanter Kumar, which had reserved its verdict on August 3 last year, upheld provisions of the law which made right to education a fundamental right of children in the age group of 6-14 years.

The RTE Act will be applicable for day schools and not for boarding schools. The RTE Act will also not be applicable in private minority schools.

The order was passed on a bunch of petitions by private unaided institutions which contended that the Act violates the rights of private educational institutions under Article 19(1)(g) which provided autonomy to private managements to run their institutions without governmental interference.

The Centre had defended the law saying it was aimed at uplifting the socially and economically weaker section of society.

The Centre had emphasised the need to de-link merit and talent from social and economic differences among different sections of society and said that the act calls for "moving towards composite classrooms with children from diverse backgrounds, rather than homogeneous and exclusivist schools".

FAQs on the Right To Education

New Delhi:  The Supreme Court today has said Right To Education is constitutionally valid and has made it clear that it will apply to all schools controlled by govt or local bodies. Here are some FAQs on this act.

What is the Right to Education Act? 
All children between the ages of 6 and 14 shall have the right to free and compulsory elementary education at a neighbourhood school. There is no direct (school fees) or indirect cost (uniforms, textbooks, mid-day meals, transportation) to be borne by the child or the parents to obtain elementary education. The government will provide schooling free-of-cost until a child's elementary education is completed.

What does this mean for schools across the country?
Right to Education Act, 2009, mandates 25 per cent free seats to the poor in government aided and private unaided schools uniformly across the country. However this will not be applicable to private minority institutions that get no aid from the government. Government schools will have no quota. These schools have to admit all.
Schools will have to implement the 25% reservation at the entry level of the school. States will have to bear the cost of this.

How will the poor students be selected?
Poor students from neighbourhood areas have to be admitted, based on a lottery system.

What are problems with the Act and its implementation? 
Many activists feel, that exempting private minority schools  from admitting poor students is the biggest drawback as many  private schools will exploit this. Bachpan Bachao Andolan, an NGO, conducted a study across 9 states last year to understand the impact of the Right to Education Act and discovered some disturbing trends.The names of a large number of students were enrolled but they were not in schools. Bodies which are to implement the Right to Education Act haven't even been set up in many states.

What happens if the RTE is not implemented by schools?
The National Commission for the Protection of Child Rights (NCPCR) can review the safeguards for rights provided under this Act, investigate complaints and have the powers of a civil court in trying cases.


Unknown said...

yadi case ki sunvai 13 ko nahi ho saki to 16 ko hogi.

aditya said...

ADITYA FAIZABAD,KAGAJ per to hindustan me bahut neyam bantey hai lekin uska implementation kaha hota hai.

SINGH said...


Shabbir hussain said...

M sachiv ne bhi rishwat le rakhi hai.jo tet ko radd karane ke liye evidance ki salah de raha h.sab sale chaur hain.

sunil kumar said...


uptet morcha ko jald se jald ek baithak karke 18-04-2012 se pehle sakar ko chetawni deni hogi.

tet radd karane k liye ye log utawle kyon hain.

yadi radd hua to is bar 300000 new candidates badh jayenge.

merit acc kar di jayegi.

SINGH said...

Nikay chunav me sp ko dhul chatao usko vote karo jo sp candidate ko hara sake

Yogesh kumar said...

Sab kuchh sahi hai magar govt. Ne तिल का ताड़ बना रख़ा हैँ।b.s.p.se badle ki bhavna hone ke karan.

Yogesh kumar said...

Agar is tet ko govt.radd kare to itne case court me dalo ki agle 5saal tak s.p. Koi teacher na rakh sake.

ANIL said...

U.p police ki mulayam raaj ki bharti ko
Cancel karo

SINGH said...

Ham sabhi jante hai ki koi garbadi nahi hui me do yese candidates ko janta hu jinhone marks badvane ke liye 2 lakh rupaye ek sp ke neta ko diye ye dono bhi sp ke supporter hai lekin ek ke 10 marks hai aur ek ke keval 4

¥ SINGHANIYA said...


According to some real sources, in the meeting of steering commeti, TET may be cancel 99% and new TET may be orgnise in MAY.
The chief secretary and other, stamped the decision and handed over to C.M. for official annoncemet wait till 18/04/12.

SINGH said...

sp ke log hi tet me gadbadi karana chahte the jab nahi ho pai to nirast karne ki bat karne lage

Blog Publisher said...

Hi friends this is arvind kumar saxena from puranpur pilibhit...mob-9458617169
I have score 138/(first paper) and 132/(2nd paper)
and Iam awarded as 9th highest marks in UPTET 2011 in UP...for any enquiry related to UPTET or basic teacher recruitment process u can call my father directly...my father is very soft hearted person and would reply to ur queries very softly...
Mr. Kirti Prasad

Blog Editor said...

Somebody write comment using name "Blog Publisher",

I request use some other name as it confuse people with BLOG EDITOR (MUSKAN)

However I am not going to delete his comments, but suggest him to choose another name.

~ Blog Editor

Blog Editor said...

PIL kisee court ke pending decison ke vajhe se dalee nahin ja saktee , ye galat hai.

Ye ek janhit yachika hai - matlab jo karya janhit mein prbhavit hote hain, usmen PIL file kee ja saktee hai. eg. RTE ka implementation janhit main hai aur usse jude hue shikshkon kee niyukti janhit main hai , NCTE kee guideline janhit mein hain uske niymon ka palan janhit mein hai etc.
uch logo ka kehna hai kee court mein kuch decison ke pending hone se nayee yachika nahin dalee ja saktee. Ye galat hai, koee bhee vyakti apne adhikar ke leeye writ daal sakta hai

Blog Writer said...

I Truly Didn't Mean To Hurt You InAny Way
I'm Sorry For Hurting You

Unknown said...

Ranjeet Singh Yadav >
Case mention ho gai hai
Ashok Khare ji ne court ka
dhyan akrist kara dia hai ,
hearing aaj hi hogi ,
division bench ke direction
ke behalf me steyy vaiket
hoga , by Ranjeet on facebook.