RTE Act Extends To Education From Kindergarten To 8th Standard Irrespective Of Child's Age, LKG & UKG Classes Covered Under Scheme: Madras HC

“The State has suo motu, and appropriately, treated children who are below 6 years as well, as being entitled to the benefit of the Act. This, in fact, finds support from the proviso to Section 12(1) of the RTE Act, Extent of school's responsibility for free and compulsory education, coming under Chapter IV, dealing with Responsibilities of Schools and Teachers which makes reference to 'pre-school education', thus, implying that the benefit of the Act is to extend to education from kindergarten to 8th standard. It is thus this stipulation that would apply, irrespective of the age of the child,” the court said.

Justice Anita Sumanth noted that the object of the Right of Children to Free and Compulsory Education Act was to make education available for all children from pre-school till 8^th Standard and the same was paramount while understanding the Act. The court thus stated that the object of providing education would override any other technical concerns.

“Since the categoric object of the Act is to make available education for children from pre-school to 8th standard, it is this parameter that is paramount in understanding the application of the Act. The object of providing education for the children up to 8th standard will override any technical concerns relating to the ages of the students itself,” the court said.

The court was hearing two petitions filed by parents of children to admit their children to Lower Kindergarten under the RTE Act. Though the parents had filed applications with the school, the applications were rejected on the grounds that their residences were beyond one kilometre from the school. The parents argued that there were sufficient vacancies in the schools for the present academic year under the RTE quota and sought direction from the respondents to admit the children.

The District Educational Officer (Private Schools) argued that the residences of the children were beyond 1 km from the schools. It was submitted that while the petitioners were expected to make an application under a single ID for up to 5 schools, they have made 2 applications by creating two IDs and five applications using three IDs respectively.

The DEO also argued that there was suppression of facts as the mobile numbers were different. It was also argued that there were Panchayat Union Primary Schools and Anganwadi's near the petitioner's residences where welfare schemes were available which could have been made use of by the petitioner.

The court noted that there was no irregularity in the procedure adopted by the parents while making multiple applications as the Act enabled parents/guardians to opt for up to five applications under the RTE Act based on one registration. The court noted that in the present case, even if the parents had made multiple applications, the number of applications was less than the allowed five applications.

The court further observed that the distance parameter of 1 kilometre was not inflexible and there mere fact that the petitioners were residing beyond 1 km will not by itself come in the way of accepting the applications. The court added that though there were government schools in the vicinity, there was no lower or upper kindergarten in the schools.

With respect to the argument that the Act was not applicable to kindergarten classes, the court noted that the argument would not stand as the State had been reimbursing education under the RTE scheme for all classes.

Thus, considering the vacancies in the school, the court directed the authorities to take immediate action to admit the wards of the petitioners with all benefits under the RTE Act.

Counsel for the Petitioners: Mr.S.Lakshmi Narayanan

Counsel for the Respondent: Mr.M.Rajendiran Additional Government Pleader

Citation: 2024 LiveLaw (Mad) 295

Case Title: Deepak and Another v The Chief Educational Officer and Others

Case No: W.P.Nos.14910 and 14913 of 2024