12 April 2012

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Right to education Supreme Court RTE Constitutionally Valid Reserve 25% for poor

Right to education Supreme Court RTE Constitutionally Valid Reserve 25% for poor

Landmark, Historical Judgment on RTE by Honorable Supreme Court of India

Government of India made a good law for the poor citizens of India,
But profit making people did not like this.

A bench comprising Chief Justice SH Kapadia and justices KS Radhakrishnan and Swantanter Kumar, which had reserved its verdict on August 3, 2011, upheld the validity of provisions of the law that made the Right to Education a fundamental right of children in the age group of 6 to 14 years.

The Right to Education law was brought by introducing Article 21(A) in the Constitution which says the state shall provide free and compulsory education to all children between six and 14 years in such a manner as the state may, by law, determine.

The petitions had contended that the RTE Act, 2009, is "unconstitutional" and "violative" of fundamental rights.

Various private unaided institutions had filed petition in the Supreme Court contending 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.

Supreme Court Bench of Chief Justice S.H. Kapadia and Justice Swatanter Kumar upheld the constitutional validity of Section 12 1C of the right to education (RTE) act that provides 25 percent reservation for students from weaker sections of society.

Today Supreme Court of India upheld the constitutional validity of the Right to Education Act, 2009, which mandates 25% free seats to the poor in government and private unaided schools uniformly across the country.

Supreme Court also said that RTE Act would not apply to boarding schools

Three-judge bench of chief justice S H Kapadia and justices K S Radhakrishnan and Swantanter Kumar said that RTE act will apply uniformly to government and unaided private schools except unaided private minority schools.

Bench said that judgment will only have a prospective affect and not retrospective affect.

Supreme Court of India, Bench said that judgment will come into force from today and, hence, it will not apply to admissions granted after the enactment of the legislation.

Bench also said that Right to Education should be seen from a child centric angle and not from an institutional angle.

From today RTE would be applicable to all the schools except unaided minority run schools.

From today 25% of the seats in schools are reserved for the economically weaker sections of the society and will be applicable in all schools including private schools.

This judgment will now apply for the upcoming 2012-2013 academic year.
But admission already made will not be disturbed.

Article 19(1) (g) in the Constitution of India 1949
(g) To practice any profession, or to carry on any occupation, trade or business

Who will pay money for the education of 25% students?
The schools will get a subsidy from the government for giving free education (65% of the subsidy will come from the Centre and 35% from states)

But question who is will pay the private schools fees who charges 10 to 100 times more than government schools.

The rule applies to all schools including convent.
The rule does not apply to madrasas & Vedic schools.

The benefit of the about law will be enjoyed by children from age 6 to 14, or from Class 1 to 8

Reality views by sm –

Thursday, April 12, 2012

Tags – RTE Valid


Anonymous,  April 14, 2012  

Not a good decision because:-
1. The pvt schools just like any other private enterprise are also contributing to the society by competing to provide a better education to those who can and are ready to pay for it. That is no more evil than any other business. This decision will definitely impose a big cost on them. In other words education business will not make as much business sense anymore. Private education will shrink, people will move their investments out.
2. Needless to say, best schools of India can now never be the best in the world as we have ourselves crippled them. This is called ‘apne paer mein kulhari marna’.
3. Poor children need to be helped. But why single out education business to pay for them. Aren’t there any other businesses that could be milked (taxed) to pay for poor children’s education.
4. Anyone hear of the story “Killing The Goose That Laid the Golden Eggs”. Well, that story is being repeated.
5. It’s the socialist mentality again. Rob peter to pay paul. Noble intentions; but will achieve the opposite results. It’s happened too many times earlier. We tried to milk the private big (evil??) business and big industries to help the smaller underdog industries and ended up killing up Indian competitive edge in general. When they finally and inevitably faced the global biggies, they were crushed. We corrected our course, but lost two decades to the foolish short sighted policies.
6. Instinctively we feel the rich should be made to pay for subsidising the poor. It sounds nice and simple but it is not. The countries who try to do that see that rich along with their money and business simply go elsewhere and ironically the low tax rich business friendly countries get richer. The poorest in these countries also end up being better. And those who try to penalise the rich by re-distributing the riches by socialist policies simply lose the riches and their poorest get worse. They kill the goose.
7. So it is not because I am one of the industrialists or I have a soft corner for rich businessmen, but for a pragmatic reason I say that there is a need to be money making business friendly to really uplift the country economically.
8. Second thing is, by making special exemptions for minority schools, this policy is actually actively promoting those schools who are teaching the children to grown up within the narrow confines of their communities. It is discouraging integration and promoting segregation. Nobody is saying that minority schools should be banned or discriminated against. But why should communal schools be promoted by special concessions or dispensations by the state?

SM April 23, 2012  


thanks.Few Points are valid but now situation is that what politicians are giving us we must accept it other wise next 100 Years poor kids will get nothing.
Now also lets see how much poor kids will benefit from RTE?
0% or 10 or 20% or more

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