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Context:

• The Bombay High Court quashed the Maharashtra government’s recent notification regarding quota for weaker sections and disadvantaged groups.

What was the notification about?

• It had exempted private schools — located within one kilometre radius of a government or government-aided school — from providing a 25% quota for students belonging to “weaker section and disadvantaged group in the neighbourhood”.
• This meant that private schools within a one km radius of a government or government-aided school (which receives money from the government) would not have to set aside 25% of seats for students from socio-economically backward sections.
• The exemption also applied to private schools established in the future, as long as they were built within a one km radius of a government or government-aided school.

Section 12(1)(c) of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) ●It requires private unaided schools and special category schools to admit at least 25% of their class I or pre-primary students from disadvantaged groups and weaker sections.(between the ages of six and 14).  ●Students admitted under this quota are given fee concessions. Section 12(2) of the RTE Act ●According to this section, the state governments are bound to reimburse expenses incurred by the school per child, or the fee amount, whichever is less. Its validity is upheld by courts in various judgement under: ●Article 15(5) of the Constitution, which allow for state regulation of reservations in private educational institutions while respecting minority rights under Article 30(1) and ●Article 21A of the Indian Constitution which guarantees the right to education as a fundamental right for children between the ages of 6 and 14 years, which was added to the Constitution by the 86th Amendment Act of 2002

High Court ruling

• It ruled that the amendments were not only unconstitutional, being violative of Articles 14 (equality), 21 (right to life) and 21-A (providing free and compulsory elementary education) of the Constitution of India, but defied the provisions of the RTE Act.

Trends in other states:

• With the notification, Maharashtra joined Karnataka and Kerala as states that have imposed this new regime to exempt private schools from providing RTE admissions.
• Karnataka introduced the rule in December 2018, and specifically referenced the Kerala rules which were introduced in 2011.
• In Kerala, the fee concession for students is only made available to RTE quota students if there are no government or aided schools “within walking distance”, which is one km for students joining Class 1.

Why have states introduced such exemptions?

Decreased enrollment ratio in government schools:

• Karnataka had, till date, allowed parents to admit children to private schools despite having government schools in the same neighbourhood. This has resulted in the enrollment ratio [in government schools] dropping drastically.

Failure to reimburse the fees to students:

• Private schools and teachers’ organisations have highlighted that state governments have often failed to reimburse the fees for students admitted through this quota.
• In Maharashtra, the Maharashtra English School Trustees Association (MESTA) threatened to boycott RTE admissions last December citing pending payments of Rs 1,800 crore in reimbursements.

Criticism:

• Section 12(1)(C) of the RTE Act is aimed at bringing parity and equality of opportunity for all children. This is being violated.
• One of the intentions of this quota was to enable students from marginalised backgrounds to get education in good schools. However this purpose is defeated.
• Such an amendment might close the small window through which some of the disadvantaged students got access to good education in private schools.

Who are weaker sections and disadvantaged groups under RTE Act?

 Section:

• Defined under Section 2(e) RTE Act as children whose parents earn below a specified minimum set by the Government.

Disadvantaged Group (DG):

• Includes children with disabilities, Scheduled Castes (SC), Scheduled Tribes (ST), and other socially and educationally backward classes specified by government notifications under Section 2(d) of the Act.

Expansion of Definitions:

Inclusion of Orphans, children affected by HIV and Transgender Children

• In the 2018 Naz Foundation case, the Supreme Court declared that DGs u/s 2(d) of the Act should include children suffering from HIV.
• Amendments and notifications in Delhi and other states have expanded the definition of disadvantaged groups to include categories like orphans and transgender children.

Variation Among States:

There is inconsistency among states in defining weaker sections and disadvantaged groups, influenced by local needs and interpretations. For instance:

• • Karnataka Rules have included migrants and street children in the ‘disadvantaged group’, it does cover ‘disabled children’ in the category.
  • The Directorate of Education of Delhi had amended the definition of ‘disadvantaged category’ to include Orphans. In 2014, in another positive step; Delhi included transgender children within the DG category and extended all benefits of the Act to them.
  • Maharashtra Rules include Vimukta Jatis (De-Notified Tribes) in the definition of ‘weaker section’

Way ahead

Disparity and Documentation:

• There is a need for centralised guidelines to ensure inclusion of all socially and culturally disadvantaged groups, beyond SCs and STs, as currently specified under Section 2(d) of the Act.

Public-Private Partnerships:

• Effective enforcement requires robust public-private partnerships to ensure adequate implementation and support for the Act's provisions.

Enhanced Documentation:

• Improve documentation and impact assessment to ensure equitable distribution of benefits among all disadvantaged groups.

Must read articles:

RTI Act

STATUS OF RTI

Sources

https://indianexpress.com/article/explained/bombay-hc-rte-quota-9464016/

https://www.hindustantimes.com/cities/mumbai-news/all-private-schools-must-adhere-to-rte-quota-hc-101721416128405.html

https://www.idialaw.org/blog/interns-corner-scope-of-weaker-sections-and-disadvantaged-groups-under-the-right-to-education-act/

PRACTICE QUESTION Q) The Right To Education Act, 2009 (RTE Act) was conceived as a breakthrough Act in providing access and equity to all sections of society in education. However, recent exclusion of socioeconomically marginalised students from the ambit of section 12(1)(c) in various states might indicate it’s failure to achieve its mandate. Critically discuss.(250 words)