Autonomy Of Private Schools Are Subjected To The RTE Act: Karnataka HC [Read Order]

In the instant case before the Karnataka, the petitioners were all children studying in Vyasa International School run by the Vyasa Educational and Cultural Trust. The writ petitions were filed for the following reliefs:

• Issuance of appropriate writ/order/direction holding that the school and the trust are not entitled in law to issue Manual Transfer Certificates to the petitioners and therefore the Transfer Certificates issued against them be quashed.
• Issuance of appropriate writ/order/direction to the impleaded authorities
• Issuance of a writ of mandamus directing the school and the trust to forthwith give admissions to the petitioners for the academic year 2019-20 to their respective classes.
• Passing such other orders as the Court deems fit.

The petitioners had received Transfer Certificates, in the month of April 2019, issued by the school and the trust without them having requested for the same. Against this they had approached the Block Education Officer who had issued a show-cause notice to the school and instructed it to collect fees and give admission to the petitioners. It was contended on behalf of the petitioners that the respective parents of the petitioners were regularly paying the school fees but the school expelled the petitioners as they had raised voice against exorbitant fees demanded by the school in the previous academic year and the lack of facilities and amenities in the school.

The counsel for the petitioner in the instant case argued that elementary education is free under the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) and that once admitted, a student could not be expelled from the school until the completion of elementary education. In this he relied upon sections 3 and 16(4) of the Act. Reliance was also placed on a circular issued by the Government of Karnataka on the 25^th of May, 2019 wherein it was stated that no Transfer Certificates may be issued without the request of parents and that such issuance would lead to disciplinary action. In the instant case, in the transfer certificates issued, the column for the date of receipt of application for such issuance was kept blank. The Karnataka State Commission for Protection of Child Rights, in an order dated 21^st May, 2019 had withdrawn and cancelled the TCs and the Block Education Officer was directed to ensure that the children were allowed to attend school once it reopened.

The counsel for the school and the trust contended the maintainability of the writ petition on ground that they were private respondents and hence a writ petition under Articles 226 and 227 was not maintainable against them. Also, RTE Act was only applicable to the students admitted under the RTE quota. Further, the parents of the petitioners had defaulted in payment of their fees and had also behaved in an unruly manner with the school staffs. It was also highlighted that the order of the Karnataka State Commission for Protection of Child Rights was challenged by them in a writ petition and an interim order had been granted by the court in that case not to take any precipitate or coercive action against the petitioner institution. Contending it to be their right under Article 19(1)(g) of the Constitution it was argued that the school had autonomy with respect to admission.

With regards to the issue of maintainability of writ petition under Article 226 and 227 the High Court, after referring to a number of judgements concluded that rights of the children challenging the writ petitions flowed from the constitutional and statutory rights affecting the fundamental rights guaranteed under Article 21A of the Constitution and the school and the trust were under a positive obligation to discharge their functions under RTE Act.

Regarding the issue of applicability of the RTE Act the Court held that the argument that RTE Act is applicable only to admissions under the RTE quota, if accepted, would defeat the objective of the constitutional right guaranteed under Article 21-A.

"the autonomy vested in admission, if any, exercised by respondent school shall be subject to the provisions of the RTE Act. Such autonomy shall not confer any unbridled power to expel the children pursuing elementary education by issuing transfer certificates without the request of the parents"

Justice S. Sujatha held the issue of TCs to the petitioners unsustainable and directed the school to admit the petitioners to their respective classes upon their parents paying 75% of total fees of academic year 2018-19 and 75% of first installment for the present academic year within seven days.

The Court also ordered the parents of the petitioners not involve in any derogatory act that might have the effect of bringing down the morale of the staff or disturb the conducive school atmosphere.

Thus, the matter was disposed of.

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