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SC upheld Right to Education Act constitutionally valid

New Delhi, Thu, 12 Apr 2012 NI Wire

The Supreme Court of India today upheld the 'Right to Education' (RTE) law 2009 for the schools including non-aided private schools, stating that RTE Act 2009 is constitutionally valid and this act will apply to all schools controlled by the government or local bodies as well as private schools too.

However, this act won't be applied on non-aided private boarding schools and non-aided private minority institutions, added SC.

Pronouncing its verdict, a bench of three justices comprising Chief Justice S.H. Kapadia, Justice K.S.P. Radhakrishnan and Justice Swatanter Kumar, which had reserved its verdict on August 03, 2011 today said that the provision of Right to Education provides a fundamental rights to poor children between the age group of 6-14 years and it should not be shunned.

The bench also directed that this act would become effective from April 12, 2012 and all schools would have to follow this act prospectively not retrospectively.

The Apex Court was pronouncing its verdict on a batch of petitions challenging the constitutional validity of the right to education law that requires private schools to earmark 25 per cent seats for poor students.

A batch of petitions by Society for Unaided Private Schools, Independent Schools Federation of India and others had contested the provision in the law under which they had to reserve 25 per cent seats for economically weaker sections in their schools.

--With IANS Inputs--


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