Mumbai: The Bombay high Court has said that Central Board of Secondary Education (CBSE), Indian Certificate of Secondary Education (ICSE) and other affiliating / recognising boards would not have any objection in admitting students in excess of existing strength for the current academic year in Class 1, while complying with its judgment on Right to Education (RTE) Act quota admissions.
The HC, on July 19, had quashed a government notification of February 9 wherein private unaided schools – with a government-run school within 1km radius – were exempted from admitting children under the RTE Act quota. The HC had then directed the private unaided schools, if required, to increase the total number of seats by submitting necessary information and details to the concerned authority of the Education Department of the State Government.
Management of eight private unaided schools in the city approached the high court seeking clarification to the extent that the judgment would be applicable to the other affiliating / recognising boards, like CBSE and ICSE, as well.
Their advocate submitted that the additional students who were admitted under the 25% RTE quota were not able to attend class as the affiliating boards concerned may not grant permission to increase the number of seats. Adding that the “peculiar difficulty” was only for this year, the advocate said that the number of student to teacher ratio would also be affected because of this judgment.
The private unaided schools sought that the high court clarify that its July 19 judgment was applicable to other affiliating boards as well and not just to the State board.
Irked, a bench of Chief Justice DK Upadhyaya and Justice Amit Borkar asked why would the private unaided schools need permission from the respective boards. “Where does it say you need permission? This is all bahane bazi (excuses). If, to implement court direction, you have to admit 15 students, then you admit them. If someone creates a problem then come to us,” the bench said.
“Did CBSE or ICSE write a letter to you that you can’t increase 15 seats. Did they send notice that they will cancel your affiliation?” CJ asked.
When the school emphasised that the State was a party to the earlier proceedings and not the private educational boards, the CJ quipped: “Therefore they can flout it (judgment)?”
The bench noted in its order that there was no reason “why affiliating bodies will not be bound by the said judgment”.
“In our opinion, in making admission only for the current academic year of 2024-25, that too in class 1, in excess of the strength is made, no affiliating bodies can have any objections,” the bench said while disposing of the petitions.
On July 19, the HC, while quashing the notification, said it was “ultra vires the RTE Act 2009 and Article 21-A of the Constitution of India and, accordingly, the impugned proviso is declared to be void”. Article 21-A declares that the State shall provide free and compulsory education to all children of the age of six to fourteen years.
Before the notification was stayed in May, several private unaided schools had granted admissions to private students on the seats which were meant to be reserved for the RTE quota. The HC had clarified that “the admissions of such students shall not be disturbed”, but the schools shall ensure that the 25% quota of seats under the RTE shall be filled. If required, the total seats would be increased by such schools by submitting necessary information and details to the concerned authority of the education department.
