Ensure 25% Seats Are Reserved For Poor Children Under Right To Education Act: Gujarat HC To State [Read Judgment]

The Gujarat High Court, on Tuesday, directed the State to ensure that schools which are affiliated with the state board implement the 25 per cent reservation for underprivileged children under the Right to Education (RTE) Act.

The Bench comprising Justice M.R. Shah and Justice Biren Vaishnav was hearing a Petition filed by one Mr. Sandip Munjyasara, who had alleged that 25% seats in the new primary schools which were granted recognition in the month of May/ June, 2017 have not been offered for admission under the RTE Act.

The State, on the other hand, had pointed out that the process of admission of students under the RTE Act was initiated in the month of February and hence, new schools could not be included in its purview. It had further assured the Court that from the next academic year, the approval to new schools shall be granted on or before applications are invited from admissions through RTE Act.

Taking note of the State's submission, the Court ordered, "...the State Government is hereby directed to see that 25% of those newly recognized schools also shall be offered for admission to the children of weaker sections and disadvantaged groups under the RTE Act and all those children of weaker sections and disadvantaged groups who could not get the admission in the first round of admission and are left out, may be granted the admissions under the RTE Act out of 25% of the seats of such schools which are granted recognition subsequently, subsequent to first date of advertisement inviting the applications, so that more and more children of weaker sections and disadvantaged groups may get the admission under the RTE Act and the real object and purpose of RTE Act is achieved which as such as the endeavor of the State Government. The aforesaid direction shall be implemented from the academic year 2018-19 onwards."