Supreme Court judgement about Upholding of RTE Act 2009

Supreme court held the Validity of RTE Act 2009 but it looks the judgement is concentrated on section 12(1)(c) and section 18(3) of RTE Act 2009. It is correct that the leading case was W.P.(C) 95 of 2010 where these sections had been challenged but several other petitions filed later and clubbed with the the leading case where we were expecting some detailed discussions about other sections also. There are several lacuna in RTE act which was expected to clarified but the same has not been done in present judgement. Unaided Minority schools are out of the ambit of RTE Act but the reasoning is only for section 12(1)(c) and section 18(3) and if fining is about ultra virus of two sections then how the entire act can be declared ultra virus. In fact there is no reason for being happy for minority schools that they are exempted from admission under E.W.S/Disadvantage Group admission as alternatively they have to admit the students through their clause in allotment letter and i personally believe their responsibility towards E.W.S admission has been increased as the admission under section 12(1) (c) is at entry level class but allotment letters in state like Delhi mandates admission in all classes including entry level class. Various data we received under R.T.I Act reveals that the actual responsibility under allotment letter is several times more then what is prescribed under RTE Act 2009. We were expecting some clarification in class-1 and entry level class as whether admission under section 12(1)(c) is for students of class-I also where some school admitting less no of students at class before class-I and then admits some more students at class-I also but the judgement does not touches these issues and now it is left to various high court to define these issues in the P.I.L's Pending before them about defeating the provisions of E.W.S. admission by private schools. Creation of a new type of category UN-aided minority school will create some regulatory problems as existing law has two category of private schools either aided or UN aided but the new category can't be regulated by the law for unaided private schools then state have to enact some new law for regulating the minority schools and it will need strong political will which is not visible in our country and in absence of law these schools will remain unregulated and even there is not any regulation for violating child right etc. for these schools as capital punishment, capitations, screening all will be allowed to these schools if we see the present legal position before enactment of any new regulations.
    There are some verry interesting and disappointing features of the RTE Act 2009 and supreme court judgement. we see almost all newspaper and channels repeatedly informing the citizen that the children between age group of 6 to 14 years can now get admission in private schools but it is not correct. In Delhi the age for class-I is 5 years. E.W.S. admission is only for class-I. When a child becomes 6 years old he will be in class-2 and and even if he wants admission in class-1 their will be neither law in support nor seats will be left.
 Despite all these lacuna in the judgement and RTE Act 2009 we are happy that education is now a right enforceable under law. The act  can be used for getting basic facilities in Govt. schools in remote area as the lowest civil court can enforce the right and now a civil court can order for class room, potable water, toilet  and other facilities.
   
Khagesh B. Jha,Adv.
Mob- 8826456565