Compulsory education gives poor right to dignity: CourtFebruary 17th, 2011 - 10:47 pm ICT by IANS
New Delhi, Feb 17 (IANS) The Supreme Court said Thursday provision of free and compulsory education to the disadvantaged sections of society was to afford them a right to live with dignity.An apex court bench of Chief Justice S.H. Kapadia, Justice K.S. Panicker Radhakrishnan and Justice Swatanter Kumar made the observation in the course of the hearing of a petition by the Society for Un-aided Private Schools of Rajasthan challenging the provision of the Right to Education Act mandating the private schools to reserve 25 percent of their seats for the students coming from socially disadvantaged section of society.
The senior counsel Vikas Singh appearing for the petitioner society said that the provision leaving aside 25 percent seats for the students coming from socially disadvantaged section of the society amounted to reservation and Right to Education Act (RTE) infringed upon their right to admit 100 percent of their students.
At this Chief Justice Kapadia said that what could be a reservation for the private schools could be a priority for the government. He asked under what provisions of the constitutions they (private schools) enjoyed an absolute right to admit 100 percent of their students without any say to the government or legislature.
“Show us under which article (of the constitution) you have an exclusive right to admit 100 percent students”, the court said adding, “We will to see the entire scheme which includes 21 (a) of the constitution.”
“Reservation, affirmation and privatization are different. You can see it as a reservation. I can call it priority. It has to be based on egalitarian system of civil society,” the court observed.
The court said that legislature has ample power to make law and asked the petitioner private schools to explain how 25 percent reservation amounted to “unreasonable restriction on their right to admit students”.
When senior counsel Vikas Singh reiterated reservation was infringing their rights, Chief Justice Kapadia said, “Whether restriction is unreasonable is very difficult to answer. It can’t be answered without the study of constitution in the light of the Directive Principles of State Policy.”
The counsel argued that expanses being incurred on account of admitting these students would have a crippling affect on the schools. He told the court that government would be paying them what it was spending in its (government) schools. He said that reimbursement was only sequel to reservation.
“Expenses are so high that they are killing us,” Singh told the court.
At this court said that at the end of the day expenses are calculable and asked the senior counsel to show that they are “killing you”.
- Constitution bench to hear plea against education law (Lead) - Sep 06, 2010
- Private schools are money spinning ventures: Supreme Court - Feb 24, 2011
- Rights of school owners, poor kids can co-exist: Apex court (Lead) - Mar 15, 2011
- 25 percent seats for poor under education act upheld (Second Lead) - Apr 12, 2012
- Seats for weaker sections under Right to Education valid: SC (Lead) - Apr 12, 2012
- Poor school students' quota: Apex court verdict Thursday - Apr 11, 2012
- SC upholds seats for poor under Right to Education (Second Lead) - Apr 12, 2012
- SC declines review of right to education verdict (Lead) - Sep 19, 2012
- Government welcomes education act verdict, schools not too happy - Apr 12, 2012
- Sibal welcomes apex court decision on RTE - Apr 12, 2012
- Charity can't fund education-for-all: Apex court - Jul 20, 2011
- Supreme Court reserves verdict on right to education (Lead) - Aug 03, 2011
- Fill vacant seats for poor students in summer vacations: Court - Apr 20, 2012
- 'Not sure about filing for review on RTE decision' - Apr 13, 2012
- Government's view sought on poor students' admission to KVs - Mar 10, 2012
Tags: affirmation, ample power, apex, apex court, chief justice, compulsory education, constitutions, court bench, disadvantaged section, disadvantaged sections, education act, kapadia, panicker, petitioner, private schools, privatization, radhakrishnan, rajasthan, rte, senior counsel