Gujarat High Court Dismisses PIL Challenging RTE Admission Procedure Due To Lack Of Research; Directs Litigant To Collect Data Before Further Action

The Gujarat High Court has rejected a public interest litigation (PIL) challenging a Government Resolution dated August 4, 2020, which outlines the operating procedures for compliance with the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act, 2009) along with the associated rules established by the State of Gujarat in 2012.In the decision rendered by the division bench led by Chief Justice Sunita Agarwal and Justice Aniruddha P. Mayee, it was stated, “All submissions with regard to the data as narrated in the writ petition are hypothetical and there is no research or collection of data as to the number of children belonging to the poor strata of society, who would be deprived of by taking admission in a private school under 25% quota, if the contention of the petitioner is accepted that due to gap on account of increase in age, lesser number of children would get admission in the current academic session. Moreover, the petitioner has straight-away approached this Court by means of a PIL without bringing this fact to the knowledge of the competent authority.”The PIL filed by one Mohamad Imran Shaikh who claimed to be a businessman social worker and Vice-President of a religious organization and NGO, sought to direct the Education Department, Government of Gujarat to immediately take steps to increase the cut-off/number of admission seats for admission process of free education under the Right to Education (RTE) Act, 2009 in private schools of Gujarat for the academic year 2024-25.The PIL also contested Resolution No. KHPSH/112020/C.FA.06/CH dated 04.08.2020, which stipulates that RTE admissions for 25% of students in standard-1 should be based on the total strength of students enrolled in standard-1 during the preceding academic year. This was argued to be a violation of Section 12(c) of the RTE Act, 2009.The Respondent authority had established a Standard Operating Procedure via the Resolution to ensure admission in non-grant-in-aided private primary schools for 25% of children belonging to disadvantaged backgrounds.The contention presented before the Court was that Clause-3 of the Government Resolution contradicts Section 12(c) of the RTE Act, 2009, as it computes the 25% allocation by deducting from the total strength of students admitted in standard-1 during the previous academic year.It was argued that due to the increase in the minimum age for admission to standard-1 from 5 to 6 years, there exists a significant disparity in the number of students admitted in previous academic years compared to the last academic year (2022-2023), which will likely persist in the current academic session (2024-2025).The petitioner further contended that the allocation of seats under the RTE Act, 2009, would be severely limited in private schools in Gujarat due to the decrease in seats based on the last academic year's admissions.The petition highlighted that in the preceding year, the admission process was conducted for a total of 82,853 seats in 9,873 private schools, resulting in the admission of 52,395 students after three rounds of admissions. Consequently, there was a 44% decrease in the total RTE seats compared to the previous year.In Clause 3 of the Government Resolution dated 4.8.2020, the Court emphasized, “pertinent is to note that for calculation of 25% of the number of students under the RTE, the criteria for consideration of total number of students admitted in the last academic session cannot be said to be arbitrary or irrational by any stretch of imagination, inasmuch as, there cannot be a definite data of the students to be admitted in the current academic year.” “It may further be noted that the second part of Clause-3(1) provides that 25% deduction is to be made as per the maximum strength of 40 students per class, but for any class, when the strength of the students is less than 40, actual number of students in the class concerned will be considered,” the Court added. This computation of 25%, the Court said was strictly in compliance with provisions of Section 12(c) of the RTE Act, 2009 which provides for the school's responsibility to admit children belonging to weaker sections and disadvantaged groups in the neighbourhood for providing free and compulsory education to them, to the extent of at least 25% of the strength of that class. The Court further said that number 40 which is the maximum strength for a class, cannot be taken as a fixed number for computation of 25% admission under the RTE. The Court thus held, “As noted above, there is nothing on record which would demonstrate as to the prejudice caused to any of the children belonging to the weaker section of the society. The instant petition has been filed at the verge of commencement of admission process in the schools in the State of Gujarat and seems to be a result of preempting the whole issue.”“However, a liberty is granted to the petitioner to carry out a proper research to collect the data and...

Gujarat High Court Dismisses PIL Challenging RTE Admission Procedure Due To Lack Of Research; Directs Litigant To Collect Data Before Further Action

Bhavya Singh

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