Greetings from Team SA!

The topic of right to free and compulsory education is back in media and public attention following the judgment of the Hon’ble Supreme Court in the case of Society for unaided private schools in Rajastan vs. Union on India. The Hon’ble Supreme Court, on a challenge to the provision of Right to Education Act, 2009 requiring unaided private schools to reserve 25% of their total seats to Economically Weaker sections (EWS), has upheld the validity of provision with specific observations on intent and purpose of Article 21A read with Directive Principles of State Policy (rather termed as policies for a welfare State) as envisaged in Articles 41,45 and 46 of Indian Constitution. The judgment is worth a mention in an era marked by liberalisation of license raj, as it has proved that both the Government and Judiciary are committed to basic welfare and social integration on horizontal and vertical spheres, inspite of strong advocacy for autonomy and laissez faire. While doing so , the Apex Court has once again drawn attention to the responsibility of supreme judiciary to uphold the basic tenets in the Preamble to the Constitution.

But alas, dream and reality often runs in parallels. Same applies for the implementation of this noble dream where lack of policies and co ordination is reducing the legislation to a paper tiger. Media is abuzz with reports as to how private schools are flouting the norms as laid down under RTE Act. To mention a few, there is a screening process still conducted by schools when same is forbidden under RTE Act, no proper disclosure of allotment of 25% of quota inspite of specific requirement, non maintenance of teacher student ratio as 1:30 as prescribed by Act, lethargy as to setting of School management Committe as required under the Act etc. The private institutions also takes the opportunity to raise the fee from remaining 75% of students in pretext of meeting necessary expenses to provide education to 25% as prescribed. This it is to be noted is inspite of specific provision in Act to compensate such schools for education provided to EWS.

As far as the parents are concerned, the elite, for principles of nicety, may accept the reservation for EWS as a welfare measure but is exaggeratedly worried about mingling of their children with the reserved category. The poor on the other hand sees this as an opportunity to bring their children at par with the much proclaimed higher standard and etiquette imagined to be exhibited by upper strata. As far as the children are concerned, they are too innocent and naive to understand the differences and is hence the happier lot, as usual!

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