Composite private schools in Karnataka with pre-primary classes are obliged to admit children from poor households in their neighbourhood into kindergarten under s. 12 (1) (c) of the Right of Children to Free and Compulsory Education (RTE) Act, 2009 in the next academic year beginning June. On January 18 the Karnataka high court passed an order vacating an earlier judgement passed on December 22, 2015, restraining the Karnataka government from forcing private unaided schools to admit underprivileged children into the pre-primary or nursery sections of composite schools.

While directing composite private unaided schools to admit underprivileged children into their pre-primary classes as mandated by s. 12 (1) (c) of the RTE Act “for now”, Justice A.S. Bopanna noted in his order that the issue requires a detailed hearing.

Meanwhile, with poor neighbourhood children being admitted into pre-primaries of composite schools for the past three years, it would be in the public interest not to disturb the status quo, he observed.

The case of the Associated Managements of Government Recognised English Medium Schools of Karnataka (KAMS) is that the object of the RTE Act is to provide free and compulsory education to children “of the ages of 6-14 years”. Moreover, section 2 (f) defines “elementary education” as class I-VIII education. Ergo since pre-primary children are invariably of less than six years of age, the proviso of s. 12 (1) (c) extending the section to pre-primaries of composite schools is violative of s. 21A of the Constitution, which equates the right to education of children aged 6-14 with the right to life and liberty, and prompted enactment of the RTE Act, 2009.

D. Sashi Kumar, general secretary of KAMS, says it’s important for the government and the judiciary to define the ambit of s. 12 (1) (c). “We moved the court last December to sensitise the court, officialdom and school managements of the need for clarity on the ambit of s. 12 (1) (c). Currently, education ministry officials arbitrarily interpret the Act themselves. Indeed, far from challenging the order, we have asked the court to issue a directive to amend the RTE Act, to make it applicable from ages 3-14 instead of 6-14 as it would clarify admission rules and procedures under s. 12 (1)(c),” he says.

According to Sashi Kumar, the prime intent behind KAMS’ writ petition was to challenge the Rs.5,924 per child per year reimbursement fee calculated by the state government for children admitted into pre-primaries under s. 12 (1) (c). “This reimbursement payable under s. 12 (1) (c) (2) was determined four years ago. Allowing for inflation and higher salaries paid to teachers, the amount to be reimbursed by the government for poor children admitted into pre-primaries should be Rs.13,000 per year,” he says.

Meanwhile the KAMS writ petition and court’s judgement have highlighted the inconsistencies of the hastily drafted RTE Act.

Jeswant J.M. (Bangalore)