Can Private Schools Refuse EWS Quota Admissions If Govt-Schools Exist Nearby? What Supreme Court Said

Supreme Court upheld the Bombay High Court decision which struck down an amendment made by the Maharashtra government

The Supreme Court in a recent order refused to quash the Bombay High Court's verdict which struck down the Amendment made by the Maharashtra government in the Right to Education (RTE) Act 2009.

Through this amendment the Maharashtra government exempted private schools from providing the 25% quota for admissions to Class I or Pre-school for children of disadvantaged sections, if there was a government-run or aided school within 1 km radius of that private school.

A bench of CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra upheld the high court's decision and held that existence of a government school nearby does not mean that children belonging to the Economically Weaker Sections will not get an opportunity to attend good schools.

CJI Chandrachud while presiding over the hearing said that children belonging to the Economically Weaker Sections (EWS) must get an opportunity to attend good schools.

"Ultimately if we want to give children from EWS a real chance in life, they must be given education in good schools. Why would a parent want to send their child to a municipal school, when they have access to a good school?" CJI Chandrachud asked while hearing the arguments.

The Association of Indian Schools had challenged the high court order contending it would be incorrect to impose this obligation on private schools, as according to the Right of Children to Free and Compulsory Education Act, 2009, it's the duty of the states to ensure that children from the marginalised sections get adequate access to schooling.

CJI Bats For Inclusive Education, Says Children From Affluent Families Often Live In A "Cocoon" 

The CJI emphasised that including students from diverse socio-economic backgrounds in private schools can lead to a more well-rounded education for all.

The CJI said that a mixed social interaction also allows the privileged students to truly understand India by becoming familiar with diverse society and the struggles of people from different economic strata.

He further added that children from affluent families often live in a "cocoon" surrounded by luxuries and a lifestyle that can isolate them from the realities faced by many of their fellow citizens. He suggested that by studying alongside students from marginalised backgrounds, the privileged children can gain a better perspective of their country.

The CJI further said that in such cases, even the children from EWS face difficulties in adjusting to an affluent environment, but that in turn makes one realize the actual realities of India. 

 

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