The Supreme Court on Wednesday directed the Human Resources Development Ministry (HRD) to respond to a challenge raised by minority-run,unaided educational institutions that a “hurriedly passed” Right to Free and Compulsory Education Act of 2009 affects their fundamental right to function.
A three-judge Bench led by Chief Justice of India S H Kapadia ordered the Union of India and the ministry to respond to a petition filed by the Forum for Minority Schools that the government is trying to “enforce” the free education law through private schools,including unaided minority ones.
The forum,represented by SC lawyers Romy Chacko and A Quamaradeen,contended that the Act strips minority institutions off the Constitutional guarantee that the government would not interfere in their establishment and administration.
“The SC has issued a notice on our petition to be returnable on September 6. The petition will be taken up along with another matter on the same subject,” said Chacko.
The main opposition to the Act from minority schools is that they will be forced to admit children “belonging to weaker sections and disadvantaged groups in the neighbourhood to the extent of at least 25 per cent of the strength of the class and provide free and compulsory elementary education till its completion”.