Mumbai: A day after the Bombay High Court stayed the notification, granting exemption to unaided private schools in one-km radius of the government ones from reserving 25% seats under the Right to Education (RTE) Act, the government on Tuesday said that it will issue a clarification circular.
It further said that the upcoming circular will specify that 25% quota shall be confined to self-financed and police welfare schools (unaided) and to no other category of school mentioned in its earlier circular dated March 6.
The government has also said that 25% reservation will be also applicable to those self-financed schools, which are run by the civic bodies. The point to be specified is that as per the stayed notification, it should not be misconstrued that these institutes will be exempted from the quota provision of the RTE Act.
The HC was hearing a public interest litigation (PIL) petition by NGO Vidhayak Bharti, challenging the circulars issued by the government on March 6 and April 9 under the amended RTE Act. The March 6 circular issued by the Directorate of Primary Education asked certain schools to come forward and enroll themselves to reserve 25% seats – for fresh admissions on the basis of the provisions of the amended Act.
“This has led to a situation, where schools, which are mandated to reserve seats as per the RTE Act, have been directed to follow the quota rule. Thus adding into the category of schools who would otherwise provide elementary education as per Section 12(1)(c) of the RTE Act,” the PIL read.
Similarly, the April 9 circular, asks parents to provide a preference list on the basis of which admissions would be granted to students applying for 25% quota. Seeking quashing of the circulars, the PIL states that they are ultra vires and violate constitutional rights.
Terming the circulars as arbitrary, the plea contends that it creates a new class of schools which are exempt from RTE Act. A bench of Chief Justice DK Upadhyaya and Justice Arif Doctor has kept the petitions for hearing on June 12.
