While putting its seal on the constitutional validity of the Right to Education Act making the admission of 25 per cent poor student mandatory by all private and aided minority schools, the Supreme Court has said no education society can afford to “ignore” the implementation of the law as their recognition would stand “withdrawn” by the competent authority.
The majority verdict by Chief Justice of India S.H. Kapadia and Justice Swatanter Kumar has explained in detail the “punitive provisions” laid down in the RTE Act, 2009 itself, stating that Parliament has provided for an in-built mechanism for punishing those private education societies, which failed to implement the act within three years of its notification.
“In the event of the contravention of the conditions of recognition, the prescribed authority can withdraw the recognition after giving an opportunity of being heard to such schools,” the SC said.
The court said recognition could be withdrawn at any time and a school, if ordered to be closed during the ongoing academic session, the children studying there have to be shifted to the other neighbourhood schools.
“Upon withdrawal of the recognition, de-recognised school cannot continue to function, failing which, it is liable to pay fine as per section 19(5) of the Act,” the court said adding the fine would also be imposed on schools run without recognition.
“All schools which are established before the commencement of the RTE Act, 2009, in terms of its section 19(2) are expected to comply with the specified norms and standards (laid down in the legislation) within three years from the date of commencement,” the top court said further clarifying that if any school “fails” to get the recognition within three years, it would automatically stand de-recognised.
The Centre though had notified the act in September 2009 but it was required separate notification by the states for implementation in their territories. Thus the date for the implementation of the law would not be uniform for entire country.
The other important punitive measures on which the SC has focused its attention to make the education societies aware of their duties under the Act, include a total ban on the after school “private tuition” by the teachers employed by them.
The act also provides for a total ban on charging of “capitation fee” by the schools at the time of enrolment of a student and also on screening of the student and his or her parents at the time of admission.
“Section 13 of the act envisages that no school or person shall, while admitting a child, collect any capitation fee and subject he child or his or her parents to any screening procedure. Section 15 of the Act further mandates that a child shall be admitted in a school at the commencement of the academic year or within the prescribe extended period,” the top court said while pointing out that the legislature itself had made the schools bound to implement the Act in a systematic manner.
At least 30 education societies from all over the country had challenged the validity of the RTE in the SC, which dismissed their petitions by two-to-one majority verdict.