The single-judge bench of Justice Biren Vaishnav issued notice to officials of the education department directing them to file their reply in the case by June 21
The Gujarat High Court on Friday sought a response from the state education department after a minority school moved the court alleging that the state government is exerting pressure on it to grant admissions to poor children under the Right to Education (RTE) Act. The single-judge bench of Justice Biren Vaishnav issued notice to officials of the education department directing them to file their reply in the case by June 21.
The petitioner trust, Kachchh Christian Charitable Trust, which operates St Andrews School, has challenged the May 10 order of the district primary education officer (DPEO) by which the school was directed to admit students under RTE. It is the contention of the school that it is a minority institution and therefore, it does not come under the purview of RTE as has been held by the Supreme Court.
The school, which was established in Bhuj in 2003 and does not receive any funding from the government, also contended that the order passed by the DPEO was devoid of jurisdiction. It also alleged that it was threatened of action if admissions are not granted, which forced the trust to immediately knock on the high court's door. It has been alleged that the government's order is in conflict with Article 30(1) of the Constitution, whereby fundamental right has been guaranteed to the members of the minority community to establish and administer educational institutions.
The school administration also submitted to the court that the trust which operates the school was established by the members of Christian community. Therefore, the school should be treated as a minority institution and there is no need to get a minority certificate, the petitioner argued.
The issue of whether minority institutions are exempted from RTE obligations is pending before the Supreme Court, after hundreds of schools refused to grant RTE admissions last year. This year, around 9 minority institutions have approached the Gujarat High Court against the state government's insistence to admit poor students under RTE.
PENDING CASES
Issue of whether minority institutions are exempted from RTE obligations is pending before SC, after hundreds of schools refused to grant RTE admissions
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