Petition filed against amendment to RTE Act in Bombay HC
The petition states that the state government’s amendment to the RTE Act has taken away the children’s right to education, and demands that admission to 25% reserved seats under RTE be given even in unaided schools
A second petition challenging the amendment to the Right to Education (RTE) Act made by the state government has been filed in the Bombay High Court (HC). The petition states that the state government’s amendment to the RTE Act has taken away the children’s right to education, and demands that admission to 25% reserved seats under RTE be given even in unaided schools.
Sharad Javadekar, working president of Akhil Bharatiya Samajwadi Shikshan Sabha, said, “This public interest litigation (PIL) – filed by Akhil Bharatiya Samajwadi Adhyapak Sabha Pune and Movement for People’s Justice Pune and Nagpur – has been consolidated in the Bombay HC, and will be heard on May 8. In this petition, our first demand is for a stay order and the second demand is to completely withdraw the gazette notice of February 9, 2024 and apply the provision of 25% admission to unaided schools as before.”
“With due respect to the court, we hold that the decision of the court has not taken into account the rationale behind Article 12 1C. The union ministry of education in its note on the ‘explanation of the provisions of the child’s Right to Free and Compulsory Education Act 2009’ has stated that children from diverse backgrounds learn together. Hence, their abilities will be developed to the maximum extent. Previously, the words ‘equal school’ and ‘neighbourhood school’ were used,” Javadekar further said adding that it is now called ‘inclusive education’.
As per the gazette notification dated February 9, 2024, the state government has amended the admission process for 25% reserved seats under RTE. Akhil Bharatiya Samajwadi Shikshan Sabha has filed a public interest litigation (PIL) in Bombay HC challenging the same and the Bombay HC has filed a petition in this regard on April 25. Three parents namely Shivaji Talware from Pune; and Rahul Bansod and Sandeep Patil from Bhosari are also petitioners along with Akhil Bharatiya Samajwadi Adhyapak Sabha.
Bansod said, “The role of 25% reservation under RTE is consistent with the value concepts of the Constitution like fraternity, social justice and equal opportunity. It is not only the government schools but also the non-government funded schools that have the responsibility to provide good quality education to marginalised, backward and underprivileged children.”
