The Supreme Court has upheld the decision of the Bombay High Court to invalidate a Maharashtra government notification meant to exempt certain private schools from admitting students of economically weaker sections. The notice, which was issued on February 9, sets out to free private schools within one kilometer from government or aided schools from the 25% seat reservation requirement. European WS Students.
Supreme Court ruling
In its judgment, a bench comprising Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra rejected the petition challenging the order passed by the Bombay High Court. The Supreme Court has emphasized that EWS students should be integrated into good educational institutions. According to this bench, “Children belong to EWS category must go for good school. When kids studying in these schools meet EWS students they will know what our country actually is without this they will remain in many gadgets world and cocoon.”
The court criticized such kind of perception that public schools can be able to replace private ones when it comes to quality education. It acknowledges that while state schools play a vital role, they do not always measure up to private standards. CJI Chandrachud further emphasized that ensuring that EWS students get quality education is not only the responsibility of state but also those who benefit from nation’s education system.
Notification background
To exempt children from economically disadvantaged backgrounds, who are already suffering under various social restraints, a notification was released by the government on 9 February seeking exemption for unaided private schools located within one kilometre radius of other public or aided institutions for deprived children (EWS). This reservation is based on Right of Children for Free and Compulsory Education Act, 2009 (RTE Act) which aimed at providing free schooling to children belonging below poverty line or socially underprivileged class.
Before this announcement came into light all unaided private schools were directed to reserve twenty-five percent of the seats for those under this classification. On the other hand, several petitions challenged it arguing that it violated RTE Act and deprived the children of their fundamental right to education as stated in the constitution.
Bombay High Court Ruling
The Bombay High Court earlier invalidated this notification saying it was “ultra vires” or outside the legal powers of Maharashtra government. This ruling by HC further consolidates provisions of RTE Act which necessitates 25% reservation at entry level (Class 1/Pre-primary) in private unaided schools for EWS/DG students. The bill provides free education for these students and reimburses tuition fees to schools by the government.
