Rajasthan HC ruling on RTE Act not to affect admissions already finalized for the present academic year; SC to hear appeal by State

The Supreme Court has issued interim orders in an appeal by the state against the Rajasthan High Court ruling 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. The Apex Court, said that the order passed by High Court shall not affect the admissions already finalized for the Academic Year 2016-2017.

Rajasthan High Court had, while disposing the Public Interest Litigation filed by Abhyutthanam Society, had said that 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 a Special Leave Petition filed by the state against this order, the bench issued the following order:” Learned   counsel   for   the   respondent   prays   for and is granted six weeks' time to file counter affidavit.In the meanwhile, as an interim measure it is directed   that   the   impugned   order   passed   by   High   Court shall not affect the admissions already finalized for the Academic Year 2016-2017”.

Read the order here.