RTE Act will apply to admissions to kindergarten classes too, rules the Madras High Court
Justice Anita Sumanth says the object of providing education up to eighth standard would override any technical concerns relating to the age of the children
The Madras High Court has allowed a couple of writ petitions filed against denial of admission to Lower Kindergarten (LKG), under the RTE Act, to the petitioners’ children by two private schools in Coimbatore.
Though the Right of Children to Free and Compulsory Education (RTE) Act, 2009, applies only to children aged between six and 14, admissions to kindergarten cannot be denied to much younger children too under the law, the Madras High Court has ruled.
Justice Anita Sumanth wrote: “Since the categoric object of the Act is to make available education for children from pre-school to eighth standard, it is this parameter that is paramount in understanding the application of the Act. The object of providing education for the children up to eighth standard will override any technical concerns relating to the age of the students.”
The court delivered the verdict while allowing a couple of writ petitions filed against denial of admission to Lower Kindergarten (LKG), under the RTE Act, to the petitioners’ children by two private schools in Coimbatore. Additional Government Pleader (AGP) M. Rajendiran argued that the kids were below six years of age.
However, the judge pointed out that the State government had been suo motu “and appropriately” treating children below six years of age too as beneficiaries under the RTE Act by fixing the per child expenditure for the LKG and UKG (Upper Kindergarten) classes at ₹6,000 per annum.
She said that though the term ‘child’ had been defined to mean a male or female child of the age of six to fourteen years under Section 2(c) of the RTE Act, the State’s action of extending the benefit to much younger children too finds support under Section 12(1), which makes a reference to pre-school education.
Stating that Section 12(1) implies that the benefit of the Act must be extended to education from kindergarten to eighth standard, the judge said: “It is thus this stipulation that would apply, irrespective of the age of the child. This is all the more for the reason that the RTE Act is a Central enactment and different States have prescribed different ages for commencement of school education.”
Distance criteria
The judge also rejected yet another contention that the writ petitioners were residing beyond the radius of one kilometre from the two private schools and therefore, their children were not entitled to admission to these institutions. She said the distance criteria prescribed under the Tamil Nadu RTE Rules, 2011, were not inflexible.
“Though the focus should be to accord priority to children residing within that distance, the idea is not to deny admission to children residing beyond that distance, particularly when the school in question has available RTE quota seats that are vacant,” Justice Sumanth wrote.
On the AGP’s contention that the petitioners could admit their children to panchayat union primary schools located close to their residence, the judge said those schools did not have kindergarten classes. She also doubted whether Anganwadi centres would serve as a substitute for kindergarten.
“While this may well be so, this submission is not supported by any details or statistics to demonstrate whether the Anganwadi centres have thus far been treated as part of the RTE scheme in the State,” the judge observed, holding that the petitioners’ children would be entitled to admission to LKG at the two private schools.
Read Comments
- Copy link
- Telegram
READ LATER
Remove
SEE ALL
PRINT