25% Quota Under RTE Not Applicable To EWS Children If Govt School Is Nearby: Maharashtra Govt
According to a latest amendment with regards to the state’s school education department published in the gazette in Maharashtra, some students from economically backward sections will be deprived of free education in the private schools.
As per the amendments made the students from disadvantaged groups will not be eligible for unaided private schools through 25% admission quota under Right of Children to Free and Compulsory Education Act, 2009 (RTE) under certain conditions. The amendment states that from the next academic session children belonging to the humble economic background will not be admitted to private schools under RTE provision if there is a government or government-aided school within a kilometre radius.
Educational experts have criticised the move as the amendment will deprive children from disadvantageous group opportunity to study in English medium private schools, specially in Mumbai and Pune, where government schools are abundant.
According to the government data, in the last decade nearly 5,00,000 children from the underprivileged section accessed education in private schools under the 25% quota of RTE, 2009. In the last 12 years state government owes Rs 1,463 crore to private schools as fee reimbursement and the amount is expects to looms large to Rs 2,000 crore.
The 86th Constitutional Amendment Act, 2002 added Article 21A to the Constitution which makes provision for the Right of Children to Free and Compulsory Education under the age 6-14 years. To this effect Parliament enacted RTE, 2009 which makes mandatory provisions for Child education.
Under the Section 12(1)(c) and (2) of the Act private unaided schools are asked to admit at least 25% of students from SCs, STs, low-income and other disadvantaged or weaker groups. The Act states that these schools shall be reimbursed by the state for the tuition charges or per-student expenditures under certain conditions.
Notably, in a landmark judgment on April 12, 2012, the Supreme Court also upheld the constitutional validity of the provision in the RTE,2009 with respect to the 25% of their seats for children belonging to weaker and disadvantaged groups.
