PAMIDIGHANTAM SRI NARASIMHA, ATUL S. CHANDURKAR
Dinesh Biwaji Ashtikar – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. importance of admitting disadvantaged children (Para 1 , 2) |
| 2. need for procedural and regulatory clarity (Para 3) |
| 3. issues in implementing section 12 (Para 4) |
| 4. constitutional foundation of education rights (Para 5 , 6 , 7 , 8) |
JUDGMENT
1. The obligation of a “neighbourhood school” to admit children belonging to weaker and disadvantaged sections of our society, to the extent of twenty-five percent of the class strength, under Section 12 of the Right of Children to Free and Compulsory Education Act, 20091 [Hereinafter referred to as the Act] has the extraordinary capacity to transform the social structure of our society. Earnest implementation can truly be transformative. It is not only a step towards educating young India, but also a substantive measure in securing the preambular objective of ‘equality of status’. The constitutional declaration of the right under Article 21A, followed by the statutory mandate under Section 3 of the Act for free and compulsory elementary education can be realised only with effective implementation of the provisions of the Act. We have held that ensuring admission of such students must be a national mission and an obligation of the
The obligation of neighborhood schools to admit 25% of children from weaker sections under the Right to Education Act is a constitutional mandate that requires effective implementation through enforc....
Admission of students into neighbourhood school – Obligation of a “neighbourhood school” to admit children belonging to weaker and disadvantaged sections of our society, to the extent of twenty-five ....
The Amendment Rules exempting private unaided schools from admitting 25% disadvantaged children based on proximity to government schools violate the RTE Act and Article 21-A, as they impose condition....
The court's decision was based on the implementation of the Standard Operating Procedure (SOP) as per the provisions of the Right to Education Act, 2009.
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