Right to Education under RTE Act does not provide right that can be unconditionally enforced against private unaided schools: Delhi High Court
The Delhi High Court recently observed that though the Right to Education Act (RTE) guarantees the right to education it nowhere provides that the said right can be unconditionally enforced against a private unaided school.
Hearing a plea filed by a minor through his father, a division bench of Acting Chief Justice Vipin Sanghi and Justice Sachin Datta observed,
“The petitioner is free to take admission in a government school if he cannot afford to pay the fee of the private unaided school. If he is entitled to admission in the EWS category, he may apply under that category to seek a waiver of the school fee and if the claim of the petitioner were to be allowed, it would mean that even a private unaided school would not be able to charge any fee even though they have to meet all their expenses from their resources and accretions.”
Minor's plea challenged the validity of Rules 35(striking off the name from the rolls) and 167(name of the student to be struck off for non-payment of fees and contributions) of Delhi School Education Rules, 1973 as being ultra vires to Article 19(1)(a), 21 and 21A read with provisions of Right of Children to free and compulsory Education Act, 2009 and contrary to the provisions of section 75 of Juvenile Justice Care and Protection Act, 2015.
The plea further challenged an impugned communication which had struck down the name of the minor (the petitioner) from the role of the private school as being in deliberate disobedience of direction issued by Delhi High Court based on fee bill generated, contrary to the provisions of Rule 165 of Delhi School Education Rules 1973.
On the validity of the aforementioned rules of the 1973 Act, Court noted that the Delhi School Education Act, 1973 was enacted for better organization and development of school education in the Union Territory of Delhi and matters connected therewith or incidental thereto.
“The very object and purpose of this enactment are to improve the standard and management of school education. The rule-making power in the said Act is contained in Section 28 (2). The rule-making power extends to a wide gamut of areas, all concerned with meeting the prescribed standards of education and to ensure good governance practices in schools in Delhi,” observed the Court.
Court further opined that Section 12 of the RTE Act delineates the extent of responsibilities of the school for free and compulsory education qua government schools, aided schools, and un-aided schools.
“There are independent Rules framed under the RTE Act, namely, the Right of Children to School and Compulsory Education Rules, 2010. The concerned Act along with the Rules contains self-contained provisions for effectuating and achieving the purposes of the Act and assigns responsibilities to schools, parents, the concerned local authorities, and the concerned appropriate government, which all are within the ambit of the Act,” Court said.
Court held that given the independent and distinct framework of the Delhi School Education Act and the Rules framed thereunder, and the RTE Act and the rules framed thereunder, there can be no question of Rules 35 and 167 of Delhi School Education Rules impinging upon the operation of the RTE Act.
“The RTE Act guarantees the right to education. However, it nowhere provides that the said right can be unconditionally enforced against a private unaided school,” held the court.
Court further added, “There is no repugnancy whatsoever between the aforesaid Section 75 of the Juvenile Justice Act, 2015 and the impugned Rules 35 and 167 of the Delhi School Education Rules, 1973.”
Accordingly, court rejected the challenge to the vires of Rules 35 and 167 of the Delhi School Education Rules, 1973 and directed that the other prayers be examined on their own merits by the single judge before whom the matter was pending.
Case Title: Master Divyam Bhateja through Father Mr. Vinod Bhateja v. Bhai Parmanand Vidya Mandir and Ors.