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RTE applicable to minority schools: Supreme court

SC order is for this academic year subject to final outcome.1,500 to benefit

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In a massive relief, the Supreme court has asked minority schools to admit students seeking admission under the RTE Act. The courts order came after some of the minority schools across the state challenged the 25 per cent admission rule under the RTE Act in Supreme court. The order pertains to only those minority schools which have not applied for NOC or whose NOC has been rejected. Only they will have to admit the students this academic year, subject to final outcome of the petition. The schools had moved the court citing their minority status as an exemption from RTE.

After the SC order on Thursday, over 1500 students will be benefitted. Speaking about the order, MI Joshi, director, Primary Education said, "The decision will help nearly 1600 students get admission. After first round of admission, a total of 2090 students were given admission in 117 minority schools across the state out of which only 33 schools admitted 378 students whereas 1651 students were yet to be admitted. There are 17 more schools whose NOC is yet to be availed from National Commission from Minority Education (NCME). We will admit around 415 students in other schools. We will finish this process within a week."

Due to the pendency of the case, the state government had this year marked 143 minority schools in red, cautioning applicants to choose these at their own risk. After the seats were allotted in the schools, parents had a harrowing time as these schools refused admission citing a pending case in Supreme court.

Petitioner Sandip Munjyasara who filed a petition against minority schools in HC said, "This is a huge victory for the children. I do not have any issues with minority schools having a certificate from NCME but there were many schools who were faking it and were denying admission in the name of pendency of case in courts. All of this was delaying the admission for children. SC has upheld the judgment of HC."

Sources said, "Earlier, there were a total of 178 minority schools, which did not have certificates. But now, 35 schools have valid minority certificates from the competent authority. So, 143 schools do not have their minority certificates." Rajubhai Parmar, a parent whose child got seat in a minority school in Maninagar said, "When my child got seat allotment, we were very happy but we were dejected by the school at time of admission. I hope now my child will get secured admission."

State education minister Bhupendrasinh Chudasama said, "I welcome the verdict, it will go a long way in betterment of students taking admission under the RTE Act."

History of RTE fight in SC

Several minority institutions had earlier moved to Gujarat High Court and to Supreme Court challenging the government's diktat to admit students from poor strata of the society under the Right to Education (RTE) Act. The cases filed by nine minority institutions in 2019 are pending before the high court and is going to be taken up after the summer vacation is over. The main arguments is that they being minority institutions do not come under the purview of RTE.

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