Another Example Of How RTE Is Making It Difficult For Private Entrepreneurs To Run Schools

In another instance of the Right to Education (RTE) Act adversely affecting school administration, the Bombay High Court in a recent ruling decided to interpret the RTE norms in an unusual manner.

A Dharavi resident had applied for admission for his child to kindergarten through an online lottery drawn by the state. The child had been selected for admission to the school in question, Balmohan Vidyalaya, located in Shivaji Park, Dadar. As per the procedure, he had submitted the required documents but had not received a response from the school.

Now, Maharashtra government’s notification on RTE rules says that schools are required to admit only those children from economically weaker sections who are residing within a 1km distance from the school. However, in this case, the child resides in Dharavi, which is more than 4km from the school’s location in Dadar. Thus, it would seem that the school is not obliged to admit the student under the RTE quota.

But in a strange order, the High Court bench directed the school to file an affidavit saying no student admitted to the school lived further than a kilometre from the school and submit alongside a list of all students admitted to kindergarten with the corresponding distances from their homes to the school.

While the RTE rules say children seeking admission under the reserved quota should stay within a kilometre of the school, the High Court has decided to interpret this as a general criterion for all students in the school.

While it might be desirable for students to stay close to the school, students who don’t fall within the ambit of the RTE quota do not have to live close by. While the Bench ruled that a school cannot selectively apply RTE norms, it has done exactly the same while interpreting them.

The RTE Act imposes heavy costs on private entrepreneurs in the education sector. Several schools have in the past lost recognition due to the draconian provisions of the RTE.

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