RTE Act challenged in SC - v

Pvt schools challenge RTE in Apex court
* Court tells HRD & law ministries to respond in 4 weeks

DNA Correspondent
Admitting a petition which challenged the Right of Children to Free and Compulsory Education (RTE) Act 2009, the apex court issued notices to the Union ministries of Human Resource Development and Law and Justice on Monday. The Act is due to be enforced in the entire country from April 1.
The SC has issued notices to HRD and Law ministries of the Union government and directed them to respond within four weeks.
The Society for Unaided Private Schools, Rajasthan, and All India Federation of Private Schools challenged the Act, which provides for free education to all children of age group 6-14 years. The groups' argue that the unaided schools should not be coerced to admit one-fourth of the total learners from weaker section and disadvantaged groups.

Counsel for the petitioners, advocate Shobha told DNA that Section 12 of the RTE Act provides for 25% reservation in private schools had been challenged along with 86th and 93rd amendments of the Indian Constitution relating to Articles 21A and 15 (5) in 2002 and 2005 respectively.
She said that petition has support of the decision passed by a seven-judge bench of the SC in PA Inamdar case of 2005, which established that right to choose a student would rest with the schools.
"Similarly, in TMA Pai case, the 11-judge bench of SC decided against any regulation of the government on private educational institutes in regard to choice of students," she said.

The petitions argued that providing education was the state's responsibility, which can not be shifted to the private sector. If the government was willing to provide education to all, they should make their own arrangement.
Also, Article 21A has been challenged as it provided for free and compulsory education for children of age 6-14 years, while the children below 6 years of age have been left unattended.

Prof Vinod Raina, an educationist associated with the draft of the RTE Act said that it was surprising to learn that the Act had been challenged. "As the Parliament has framed this Act, it should have an overriding effect on all previous judgments. With this petition many doubts will be cleared," she said.

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Source: http://news.indiainfo.com/article/100323132807_c-84-61223/974326.html