Question

Schools will not have to grant free admissions to poor children on 25% of their seats under the Right of Children to Free and Compulsory Education Act, 2009. Select the correct answer using the codes given below:

1. Only if they have been duly recognised as a minority run institution.
2. Only if they have not been, duly recognised as a minority run institution,
3. Only if they are not getting any funds from the State.

• A. 1 only
• B. 2, 3
• C. 3
• D. 2

Answer 1

Answer:

A. 1 only

• The Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) mandates that private unaided schools reserve 25% of their seats for children belonging to weaker sections and the disadvantaged groups, providing free and compulsory elementary education.
• However, there is an exemption for certain categories of schools from this 25% quota.
• Minority run institutions, which are established and administered by linguistic or religious minorities, are often exempted from certain provisions of the RTE Act, including the 25% reservation for economically weaker sections, provided they are duly recognised as such.
• The key condition for exemption is the 'minority character' of the institution.
• Schools that receive aid from the government are generally expected to comply with all provisions of the RTE Act.
• The exemption is specifically linked to the recognition as a minority institution, not solely on the basis of not receiving state funds.
• This provision aims to protect the autonomy and cultural identity of minority educational institutions.
• Relevant Article of the Constitution: Article 30 of the Indian Constitution grants minorities the right to establish and administer educational institutions of their choice.
• Supreme Court Judgements: Various Supreme Court judgments have upheld the rights of minority institutions under Article 30, while also balancing them with the state's power to regulate education in the public interest.