Minority schools out of RTE ambit
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The Madras high court has held that the provisions of the Right of Children to Free and Compulsory Education (RTE), Act, 2009, were not applicable to unaided minority schools and dismissed a petition from S. Gnanavel who sought LKG admission for his daughter in St. Joseph of Cluny Matric Higher Secondary School in Neyveli.
“In the light of the factual and legal position, the petitioner has not made out any case to interfere with the order of the school,” said Justice K. Chandru.
The petitioner’s daughter was denied admission on the ground that there was lack of space in the school for admission. The petitioner then invoked provisions of the RTE Act to file the present petition.
The school contended that as it is a religious minority institution, it has got protection under Article 30 (1) of the Constitution.
For admission, it follows a policy of giving preference to Catholics and other Christians, NLC employees, contract labourers of NLC, NLC Society and those doing business with NLC and then those who reside near the school. The petitioner does not come under any one of the categories, the school contended.
The judge said the constitutional validity of the RTE Act came to be challenged before the Supreme Court, which in 2012 held that section 12 (1) c and 18 (3) of the Act infringed the fundamental freedom guaranteed to unaided minority schools under Article 30 (1) and the Act shall not apply to such schools.
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