Face FIR if RTE Act is not implemented, HC tells pvt schools

The Gujarat High Court today said that private schools in the city would be liable for "criminal action" if they violated the Right of Children To Free and Compulsory Education (RTE) Act, 2009.
"If any (private) schools have admitted other students in violation of the provisions of the Act, they are liable for criminal action as they cannot violate the fundamental rights of children by stating that no children were available or no list was sent by the government or no children had applied for (admission)," said the division bench of acting Chief Justice V M Sahai and Justice R P Dholaria.

"In the event of violation of the Act, they may show cause as to why FIR may not be lodged against them for violation of fundamental rights of the children guaranteed under the Constitution and section 12 of the Act," the High Court order said.
The court has issued notices to 175 private schools, directing them to state if they have implemented the RTE act.
The HC order came in response to a public interest litigation filed by the city-based NGO Dalit Hakk Rakshak Manch, which alleges that a private school in the city denied admission to a backward class girl under the RTE Act despite the order of the district education officer.

The girl's father, who is the co-petitioner, had to pay the fees to enroll his daughter, it says.

According to the PIL, there are 176 private schools under state board and more than 20 schools under the central boards which are flouting the provisions of RTE.
It says that 1,509 students had applied to the District Education Officer of Ahmedabad for free admission. The DEO forwarded their names to various schools but 905 students were denied admissions.
The next hearing would be held on March 27.