SC may issue guidelines for implementing RTE

With private unaided schools opposing the mandatory reservation of 25 per cent seats for students from economically weaker sections under the Right to Education Act,the Supreme Court on Thursday indicated that it may issue certain guidelines in the absence of appropriate rules for uniform implementation of the Act by private schools across the country. Unless rules are there,we may issue certain guidelines to be followed, Chief Justice of India S H Kapadia observed,suggesting that for due implementation by private schools,the scheme of the Act and certain provisions may be confined to 25 per cent,which unaided schools have to reserve for students from economically weaker sections.

The Bench,also comprising Justices K S Radhakrishnan and Swantanter Kumar,is hearing a batch of petitions filed by private schools,which have challenged the legislation to provide free and compulsory elementary education to all children from six to 14 years of age,as they will have to reserve one-fourth of their seats for poor students.

Arguing on behalf of the All India Association of Private Unaided Schools,advocate Dushyant Dave termed the Act as unreasonable and arbitrary. He said it directly interferes with private schools right to carry on their business. Pointing at Section 121c of the Act,which states that the obligation is to provide free educations till Class VIII,Dave explained this would create a complicated situation as after a child completes Class VIII,the school cannot expel him and he wont be able to afford education in a private school.