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Right to Education SC verdict widely acclaimed by academicians | Education experts from across India hailed the Supreme Court's decision to uphold the constitutional validity of the Right to Education Act, 2009, which mandates 25 percent free seats to the poor in government and private unaided schools uniformly across the country. Reacting to the apex court's directives, Chairman of Delhi Minorities Commission, Kamal Farooqui, said it is a path-breaking judgment and that it would give hope to children from the weaker sections of the society. "That is a very historical judgment because the Constitutional Amendment Article 26A, which has ultimately led to this RTE Act has given lot of hopes to the weaker
section of the society, including the Muslims," said Farooqui. "So, we are happy
about this and we are also happy that the honourable Supreme Court has exempted
unaided minority education institutions from the rigours of the RTE, which means
that the Article 29, 30, 31 basically, which gives the minority the right to establish
and administer the educational institution of their own that has been upheld and
that has not been eroded," he added. Farooqui also noted that as for whatever
concessions extended to the poor deserving students, the schools can recover the
cost from the parents of the rest 75 percent students. "Any educational institution,
which needs to be established under the recognition from one government board
or the other, has to run in a charitable domain. So, one the charitable domain
is there so it is the responsibility of the state to look after the weaker section
of the society," said Farooqui. "So, I don't think in a way the autonomy is affected.
In fact whatever concession they are giving to the weaker sections, they can upload
it to the higher income bracket and recover the cost of these 25 percent students
from the rest of the 75 percent of the parents," he added. Commenting on the new
provisions in the RTE, retired principal of a private school in New Delhi , Shyama
Chona, said the children deserve the best of education, as the future of the country
lies with them. "It's a step forward for our nation to become a greater civil
society, by including the children who do not have access and opportunity of quality
education into the best of best of schools," said Chona. "I know there may be
some problems with private schools regarding the economics of the matter, space,
etc, but I think when there is a will, there is a way and I am so happy that the
Right to Education Act has been upheld," he added. Meanwhile, well-known educationalist
and mathematician, Anand Kumar from Patna , Bihar , said the authorities should
upgrade government schools by providing more facilities to the students in those
schools imparting quality education. "It is a very good decision, wherein 25 percent
poor children would get an opportunity to study in any school, however, the number
of poor and rural children in our country is so high that just by giving 25 percent
reservation in good schools, the issue related to education will remain incomplete,"
said Kumar. "One more point needs to be considered that the government schools
should be upgraded so that more and more children get an opportunity to study
there," he added. A three-judge bench of Chief Justice S H Kapadia and Justices
K S Radhakrishnan and Swantanter Kumar today said the act will apply uniformly
to government and unaided private schools except unaided private minority schools.
Justice Radhakrishnan, however, in his dissenting opinion took the view that the
act would not apply to both unaided private schools as also minority institutions,
which do not receive any aid or grant from the government. Justices Kapadia and
Swantanter Kumar, who took the stand that the act would be applicable even to
unaided private schools, overruled Justice Radhakrishnan's view.
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