Supreme Court Mandates 25% Free Seats in Private Schools for Underprivileged Children
Significant Supreme Court Ruling on Education Rights
The Supreme Court has issued a landmark ruling concerning the right to education, emphasizing that genuine fraternity can only be achieved when children from diverse backgrounds learn together in the same educational environment. The court has mandated the implementation of 25 percent free seats for underprivileged children in private and non-governmental schools as part of the Right to Education Act (RTE). This ruling is viewed as a significant advancement towards fulfilling the constitutional ideals of equality, liberty, and fraternity.
Promoting Fraternity Through Equal Access to Education
The Supreme Court bench articulated that the Right to Education Act transcends mere access to schooling; it serves as a vehicle for social integration. Justice P.S. Narasimha highlighted that the law aims to cultivate a shared educational experience where children from all walks of life—be it a rickshaw puller, a street vendor, a wealthy individual, or even a Supreme Court judge—can learn in the same classroom. This approach is intended to instill a sense of equality and mutual respect among children from an early age, thereby addressing discrimination based on caste, class, gender, or economic status.
Constitutional Obligation for 25% Reservation
The court clarified that the allocation of 25 percent of seats in private institutions for disadvantaged groups is not merely a welfare initiative but a crucial step in realizing the principles of child development and fraternity as outlined in Articles 21A and 39(F) of the Constitution. The court dismissed the argument that fraternity cannot be mandated, asserting that it is reinforced through institutional frameworks that encourage children to interact beyond social barriers.
Guidelines for Implementation and Oversight
The Supreme Court has instructed both central and state governments to establish comprehensive rules and regulations to ensure the effective execution of Section 12(1)(C) of the RTE Act. This process will require collaboration with the National Commission for Protection of Child Rights (NCPCR) and state commissions. Additionally, the NCPCR is tasked with gathering data on the regulations developed by various states and Union Territories, with an affidavit due by March 31. The next court session regarding this matter is scheduled for April 6.