State Govt. cannot re-write the definition of Section 2(d) of Right to Education Act : Rajasthan HC [Read Judgment]

Rajasthan High Court has held that the State Government is not competent & holding any authority to re-write the definition of Sec.2 (d) of the Right to Education Act, 2009. Disposing the Public Interest Litigation filed by Abhyutthanam Society, the court made following substitution to be made a part of the new notification issued by the state :

• Let the child belonging to OBC & SBC whose parents' annual income does not exceed Rs.2.50 Lacs be also included as part of the Notification dt.28.03.2016 of the appropriate Government for “child belonging to disadvantaged group”, as contemplated u/Sec.2(d) of the Act, 2009;
• The children whose parents/guardians annual income does not exceed Rs.2.50 lakhs be considered as “child belonging to weaker section”, as contemplated u/Sec.2(e) of the Act, 2009

In the earlier notification issued in 2011, state had include Child belonging to OBC & SBC in disadvantaged group, but through another notification, this year, it has not included them in the group. Similarly new notification does not define the annual income of the parent or guardian of the child belonging to weaker section. This notification was challenged by Abhyutthanam Society.

The Court observed that the benefits under the Right to Education Act are available to child belonging to disadvantaged group as constituting one class and child belonging to weaker section as constituting another class. There may, of course, be some cases of overlapping, that there are children who may answer both the definitions, but for availing benefits under the Right to Education Act, it is not necessary that a child must satisfy both the definitions.

The Court further observed “ the State Government is not competent & holding any authority to re-write the definition of Sec.2(d) of the Act, 2009 of child belonging to disadvantaged group in the manner that suits the appropriate Government and by eliminating the group of socially & educationally backward class & weaker section applications in sizable numbers for admission has been reduced which is almost half of the earlier academic years and it cannot be ruled out that it can be one of the indirect way to support private schools. At the same time, as regards Cl.(e) of Sec.2 of the Act, 2009 while defining child belonging to weaker section, the appropriate Government under its Notification has to satisfy the annual income of the parent or guardian of the child which may not be lower than the minimum benchmark specified by the appropriate Government under its Notification but when we look into the Notification issued by the State Government u/Sec.2(e) of the Act, 2009 dt.28.03.2016, the annual income of the parent or guardian of the child belonging to weaker section has not been defined, which earlier the appropriate Government considered & defined as does not exceed Rs.2.50 lacs. As regards Cl.(e) of Sec.2 of the Act, 2009 while defining “child belonging to weaker section”, the appropriate Government under its Notification has to satisfy the annual income of the parent or guardian of the child which may not be lower than the minimum benchmark specified by the appropriate Government under its Notification but when we look into the Notification issued by the State Government u/Sec.2(e) of the Act, 2009 dt.28.03.2016, the annual income of the parent or guardian of the child belonging to weaker section has not been defined, which earlier the appropriate Government considered & defined as“does not exceed Rs.2.50 lacs”.

Read the Judgment here.