In a major judgement, the Karnataka high Court has upheld the constitutionality of amendment of Rule 4 of Karnataka Right of Children to Free & Compulsory Education Rules, 2012.
“Education under Article 21A of the Constitution is a fundamental right but petitioners/students have no right of admission to private schools, as long as the government schools, local authorities’ schools or aided schools are available in the neighbourhood,” the court said.
The Court’s order came in response to a public interest litigation which sought the court to declare the amendment of Rule 4 of the of Karnataka Right of Children to Free & Compulsory Education Rules, 2012, as null and void on the ground that the same is in violation of fundamental rights of children guaranteed under Article 21-A of the Constitution of India.
The Court said that argument on behalf of the petitioners that children entitled for seat under the RTE Act may choose an unaided school in the neighbourhood though there exist government and aided schools is fallacious.
Refusing to grant prayer of petitioners and accepting contention of the respondents, court said that if prayer is granted, the functioning of schools established by the government, local authorities and the aided schools would be at stake. It accordingly rejected the writ petitions.