A Non-Negotiable Right: On Right of Children to Free and Compulsory Education

In a significant verdict, the Supreme Court of India has made it clear that any obstruction to the implementation of the Right of Children to Free and Compulsory Education (RTE) Act, 2009, is a violation of a child's fundamental right. The court was hearing an appeal filed by Lucknow Public School, seeking to overturn a High Court order mandating the admission of a student from a weaker section of society whose name appears on the government's selected list. On Tuesday, the apex court upheld the lower court’s ruling, stating that "neighbourhood schools" are duty-bound to admit students allotted by the state government without any delay. It emphasised that the right to education, guaranteed under Article 21A of the Indian Constitution, will remain an empty promise if the provisions of the RTE Act, 2009, which include free and compulsory education for children aged six to 14 and the reservation of at least 25 per cent of seats for those from economically weaker sections of society and disadvantaged groups, are not implemented in their letter and spirit. By declining to overturn the lower court’s directive, the apex court has not only reaffirmed the country’s commitment to inclusive education but also sent a clear message to private schools that the right to education is non-negotiable.

While all private unaided and aided schools fall under the purview of the RTE Act, minority-run educational institutions are exempted from specific provisions like the 25 per cent seat reservation. This means most private schools in Nagaland are not bound by this Act. However, they should take on the moral responsibility of uplifting children from underprivileged families by providing quality education. While children from wealthy families have the opportunity to attend prestigious private schools, many impoverished families cannot afford to send their children to such institutions. Additionally, most government schools face challenges related to academic performance, often due to a shortage of teachers, absenteeism, or poor infrastructure. Minority educational institutions should take action to bridge this gap by providing free education to a certain percentage of students from low-income families and implementing their own seat reservation policies. Walking that extra mile is crucial to closing the social divide in our society caused by acute economic disparity. Most importantly, the relevant authorities must take concrete steps to address the issues affecting government schools in the state. For example, the pass percentage for government schools in the recent HSLC examination conducted by the NBSE was only 43.26%, compared to 86.13% for private schools. Additionally, 27 schools recorded zero qualified candidates, which speaks volumes about public institutions. The RTE Act will remain ineffective if government schools do not deliver quality education. The government should address the elephant in the room. Ensuring access to quality education for all is a collective responsibility.