No Admission in Pvt Schools if Govt Schools Available: K’taka HC

The court passed the order rejecting PIL petitions filed by Education Rights Trust, an NGO, and several students.

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(Photo: Altered by The Quint)

The judgement by Karnataka High Court on Right to Education (RTE) which states admission in private unaided schools will be allowed only if one's neighbourhood lacks aided private or government school, was made public on Monday, 3 June.

The court passed the order on Friday, while rejecting PIL petitions filed by Education Rights Trust, an NGO, and several students.

In its order, bench of Justice L Narayana Swamy and Justice PS Dinesh Kumar upheld the constitutionality of amendment of Rule 4 of Karnataka Right of Children to Free & Compulsory Education Rules, 2012.

It said, "Education under Article 21A of the Constitution is a fundamental right but petitioners/students have no right of admission to private schools, as long as the government schools, local authorities' schools or aided schools are available in the neighbourhood," Live Law reported.

The petitioners had contended that the recently amended Rule 4(7) of the Karnataka RTE Rules is contrary to the objective of the Right of Children to Free and Compulsory Education Act (or RTE Act) and should be declared null and void, while stating it’s a violation of fundamental rights of children guaranteed under Article 21-A.

According to a report by The Hindu, the petitioners sought a direction to the State to continue admission under 25% RTE quota in private unaided schools even when government or aided schools exist in the neighbourhood.

According to Live Law's report, the court said if the prayer of petitioners is granted, the functioning of schools established by the government, local authorities and the aided schools would be at stake.

The petitioners were represented by advocate Manasi Sharma with advocate Nimisha Kumar and respondents by AG Udaya Holla along with AAG D Nagaraj.

(With inputs from Live Law and The Hindu)