Order

Reportable

For convenience of exposition, this judgment is divided in the following parts:-

INDEX

(1) Preface ……………..………………….……….…………….………...……2

(2) Facts of the case….………….…………………………….………………4

(3) Contentions of the petitioner…..………………..……….…………..5

(4) Contention of the respondents..……….……………………….…….6

(5) Analysis, Discussions & Findings…………….……………………….7

(6) Conclusion & Directions……..……………………………..………….12

Preface:-

Right to Education should help the student, not only to develop his capacities but also to understand his own highest interest.

a. The Right to Education falls under the hallowed walls of the fundamental right to live with dignity guaranteed under Article 21 of the Indian Constitution because education ensure a good and dignified life.

b. The Hon’ble Apex Court in the case of Unni Krishnan J.P. & Ors. Vs. State of Andhra Pradesh & Ors. reported in 1993 (1) SCC 645 has held that Right to Education is a fundamental right under Article 21 of the Constitution of India for the children up to the age of fourteen years. Beyond the age of fourteen years, the Right to Education becomes subordinate to the economic means of the State and its development. The Directive Principles of State Policy under Articles 41, 45 & 46 were used to define the parameters of the fundamental Right to Education.

c. To give better effect to the above judgment of the Hon’ble Apex Court in the case of Unni Krishna (supra), the Legislature passed the 86th Constitutional Amendment Act of 2002 (w.e.f. 12.12.2002) which inserted Article 21-A under Part-III of the Constitution of India envisaging the fundamental right to free and compulsory Education for children between the age group of Six to Fourteen years. Article 21-A of the Constitution of India has hailed as the most significant of all the fundamental rights, because one’s ability to enforce the fundamental right comes from his education.

d. The 86th Constitutional Amendment Act, 2002 also inserted clause (k) to Article 51-A of the Constitution of India envisaging the fundamental duty of a parent or guardian to provide opportunities for education to his child or ward, between the age group of 6 to 14 years. This has added to encourage and promote the parents and the guardians to bring their children or wards to school for education.

e. In the International sphere, various treaties including Covenants, Conventions, Charters, Declaration, Recommendation, etc. have recognized the Right to Education.

Article 26 of the Universal Declaration of Human Rights (for short, “the UDHR”) declares that everyone has the right to education and with the adoption of the UDHR, many international and regional treaties came into place to reaffirm the solemn Right to Education.

f. The Right of Children to Free and Compulsory Education Act, 2009 (for short, “the Act of 2009”) is an important legislation that marks a watershed in the education system in India. With its enactment, the Right to Education has become a fundamental right in the country. When the Act of 2009 came into force in 2010, India has become one amongst the 135 countries where education is a fundamental right of every child.

g. The RTE Act mandates for all private schools to reserve 25% of their seats for children from socially disadvantaged and economically backward sections. This move is intended to boost social inclusion and pave the way for a more just and equal country. This provision is included in Section 12(1) (c) of the RTE Act. All schools (private, unaided, aided or special category) must reserve 25% of their seats at the entry level for students from the Economically Weaker Sections (EWS) and disadvantaged groups. This provision is a far-reaching move and perhaps the most important step in so far as the inclusive education is concerned.

Facts of the case:-

1. The young minor petitioner through his natural guardian father has knocked the doors of this temple of justice to enforce his right to education, as guaranteed under Article 21-A of the Constitution