RTE Act applies to all schools, rules SC

On April 12, 2012, the Supreme Court upheld the constitutional validity of the Right of Children to Free and Compulsory Education (RTE) Act (2009) and ruled that the law would apply uniformly across India to all private and minority schools which get grants from the government. All unaided private schools are also covered under the Act, with the exception of unaided private minority schools.

All schools covered by the law will now have to compulsorily reserve in Class I (or nursery at entry level) at least 25 per cent seats of the total strength of that class for children belonging to weaker sections and disadvantaged group in the neighbourhood.

The SC’s order came on a bunch of petitions filed by private unaided institutions which argued that the law violated their rights under Article 19(1) (g) of the Constitution which provided them the autonomy to run institutions without government interference.

The apex court said the law should be viewed as child-centric and not institution-centric. The court also ruled that the law will apply prospectively.

Schools reserving 25 pc seats will be reimbursed expenditure to the extent of per-child-expenditure incurred by the State as a whole or the actual amount charged from the child, whichever is less.