In a recent legal maneuver, a petition has been lodged in the High Court opposing the alterations introduced by the state government concerning the 25 percent reservation allocation within the Right to Education (RTE) Act. Spearheaded by the Akhil Bharatiya Samajwadi Adhyapak Sabha based in Pune, this legal challenge is framed within the context of public interest.
The catalyst for this legal action stems from the state government’s amendment, which was set in motion via a gazette notification on February 9, 2024. However, the enforcement of these changes has been temporarily halted due to the petitions. The crux of the matter lies in the desire of the petitioners to revert to the previous protocol, where the 25 percent reservation applied to unaided schools.
Sharad Javadekar, the Executive President of Samajwadi Adhyapak Sabha, and Surekha Khare, President of the 25 Percent Reservation Parents Association, took center stage in a recent press briefing to underscore the significance of these legal proceedings.
At the heart of the petitioners’ argument lies the contention that the state government’s decision runs afoul of constitutional tenets. The Right to Education Act of 2009, a cornerstone legislation, champions the cause of inclusive education, advocating for the holistic development of children from varied socio-economic backgrounds through integrated learning environments. Previously, terms such as “same school” and “same locality” held sway; however, the recent amendment has shifted the focus towards fostering inclusive educational practices.
A significant juncture in this legal saga looms with the impending hearing in the Bombay High Court scheduled for May 8. This legal confrontation encompasses a spectrum of Public Interest Litigations (PILs) emanating from diverse quarters, including the Movement for People’s Justice in Pune and Nagpur, in addition to the petition lodged by the Samajwadi Adhyapak Sabha. Javadekar and Khare reiterated the imperative of extending quality education to marginalized, backward, and underprivileged children, stressing that this obligation transcends the purview of solely government-funded educational institutions to encompass privately run schools as well.
Key Points:
- A petition has been filed in the High Court challenging alterations to the 25 percent reservation allocation in the Right to Education Act by the state government.
- The implementation of these changes, initiated via a gazette notification, has been temporarily suspended following the filing of petitions.
- The petitioners advocate for a return to the previous provision where the 25 percent reservation applied to unaided schools.
- The dispute centers around the interpretation of constitutional provisions and the essence of inclusive education promoted by the Right to Education Act.
- The upcoming hearing in the Bombay High Court, slated for May 8, will adjudicate on these matters, encompassing a range of PILs from various stakeholders.
