The association of private schools in the capital Wednesday moved the Delhi High Court challenging the rule under the Right of Children to Free and Compulsory Education Act of providing free books and uniforms to poor students studying in private schools.
The schools asked the court to direct the government to provide financial assistance for books, uniforms to the Economic Weaker Section (EWS) and disabled group (DG) category students studying in unaided private schools on government land without involving them.
A division bench of Chief Justice G. Rohini and Justice R.S. Endlaw said it will hear Sep 10 the plea seeking quashing of the Delhi RTE rule 8.
The plea also asked the court to "hold that unaided private who have been allotted land by the government are not liable to provide free books, uniforms and any writing material to the EWS and DG students".
The schools said the government should have the liability to provide free books and uniforms to EWS and DG category students, as it creates an obligation in the unaided schools.
It said the government itself in its own schools was not providing any free books and uniforms to students and was only providing cash subsidy or financial assistance against the purchase of uniforms by the students themselves.
"Hence, the liability which is not even borne by the government itself can't be imposed upon private unaided schools," the plea said.
As per the Delhi RTE rules, private schools have to provide free books and uniforms to children belonging to the EWS and DG categories.
The government reimburses the amount later.
The plea said the Delhi RTE rule 8 was absolutely unconstitutional and illegal.
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