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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.SWAMINATHAN, V.LAKSHMINARAYANAN, JJ
V. Eswaran – Appellant
Versus
Government of Tamil Nadu, Rep. by its Secretary – Respondent
| Table of Content |
|---|
| 1. pil emphasizes timely admission process under rte. (Para 2 , 3) |
| 2. analysis of statutory provisions on education. (Para 4 , 7 , 8 , 9 , 10) |
| 3. state's reimbursement responsibility discussed. (Para 5 , 6) |
| 4. state's obligations under rte act affirmed. (Para 11 , 12 , 13 , 14 , 15 , 16) |
| 5. conclusion directs state and central actions. (Para 17 , 18) |
ORDER :
1. "Today, education is perhaps the most important function of state... It is the very foundation of good citizenship. Today it is the principal instrument in awakening the child to cultural values, in preparing him for later professional training, and in helping him to adjust normally to his environment. In these days, it is doubtful any child may reasonably be expected to succeed in life if he is denied the opportunity of an education. Such an opportunity, where the state has undertaken to provide it, is a right which must be made available to all on equal terms." - Earl Warren, CJ in Brown v. Board of Education , 98 Lawyers Ed. 873
2. This writ petition has been filed in public interest. The issue flagged by the petitioner is that the process of admission under Right of Children to Free and Compulsory Education Act
The State Government has an unequivocal obligation to commence the admission process timely under the RTE Act, and cannot defer its responsibilities due to financial constraints from the Central Gove....
The appropriate Government is mandated to reimburse unaided schools for expenses incurred in providing free pre-school education to disadvantaged children, in accordance with the Right to Education A....
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 Right to free education does not confer entitlement to recurring aid for all private primary schools; compliance with legal requirements is essential for salary claims against the State.
The obligation of the State to provide free education under Article 21A does not create an automatic right for private institutions to receive recurring grants from the government.
The judgment establishes that executive actions must comply with statutory mandates, particularly in education, and emphasizes the importance of the neighborhood principle in school admissions.
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