Brief Context
Context The Supreme Court upheld the mandatory admission of students under the Right to Education Act, calling it a national mission. Key Highlights of the Judgment The neighbourhood schools, including private unaided institutions, are legally bound to admit students allotted by the state government without delay. Denying admission to children from weaker and disadvantaged sections violates their fundamental right to education under Article 21A of the Constitution.
Source Content
Syllabus: GS2/Polity and Governance
Context
- The Supreme Court upheld the mandatory admission of students under the Right to Education Act, calling it a national mission.
Key Highlights of the Judgment
- The neighbourhood schools, including private unaided institutions, are legally bound to admit students allotted by the state government without delay.
- Denying admission to children from weaker and disadvantaged sections violates their fundamental right to education under Article 21A of the Constitution.
- The court emphasised that 25% reservation for such students under the RTE Act has the potential to transform the social structure of society and promote equality.
- The court also stated that once the state forwards the list of selected students, schools have no option but to grant admission.
- It warned that any obstruction would render the right to education an empty promise.
Right to Education Act
- Evolution: Education in the Indian constitution is a concurrent issue and both centre and states can legislate on the issue.
- The Right to Education (RTE) was originally a Directive Principle of State Policy (DPSP) under Article 45 before becoming a Fundamental Right.
- It was moved from the non-justiciable DPSP to Part III as a Fundamental Right (Article 21A) via the 86th Constitutional Amendment Act, 2002, making it an enforceable right.
- The Right to Education Act (RTE), is an Act of the Parliament enacted in 2009.
- India became one of 135 countries to make education a fundamental right of every child when the Act came into force in 2010.
- Major Provisions:
- The Act makes education a fundamental right of every child between the ages of 6 and 14 and specifies minimum norms in elementary schools.
- All Government schools shall provide free and compulsory education to all children.
- Government aided schools have to provide free and compulsory education proportionate to the funding received, subject to a minimum of 25%.
- It requires all private schools to reserve 25% of seats to children (to be reimbursed by the state as part of the public-private partnership plan).
- Children are admitted into private schools based on economic status or caste based reservations.
- The Act also provides that no child shall be held back, expelled, or required to pass a board examination until the completion of elementary education.
- There is also a provision for special training of school drop-outs to bring them up to par with students of the same age.
Significance of the Judgement
- Universal Access: Ensures free and compulsory education for children (6–14 years) under Article 21A of the Constitution.
- Social Equity: Promotes inclusion through provisions like reservation for disadvantaged groups, reducing caste, gender, and economic inequalities.
- Human Capital Development: Builds an educated workforce, supporting economic growth and demographic dividend.
- Empowerment: Strengthens the vision of a Common School System under the Right to Education Act, as originally proposed by the Kothari Commission.
- Nation-building & Global Goals: Supports inclusive development and aligns with United Nations SDG-4 (Quality Education).
Source: AIR