Five-judge bench to hear plea on law on free education

New Delhi, Sep 6 (PTI) The Supreme Court of India on
Monday referred to the five-judge constitution bench a bunch
of petitions challenging the validity of the law providing
free and compulsory education.
A bench headed by Chief Justice S H Kapadia said that the
the matter will be put before a larger bench of five judges to
pass direction on the petitions challenging the constitutional
validity of provisions in the Right to Free and Compulsory
Education Act.
The petitions claimed that the Act providing free and
compulsory education was "unconstitutional" and "violative" of
fundamental rights.
The Act made free and compulsory education a fundamental
right for children between 6-14 years, besides mandating that
even private educational institutions have to reserve 25 per
cent of the seats for children from poor families.
The petitions claimed the Act violated the rights of
private educational institutions under Article 19(1)(g) which
provided maximum autonomy to private managements to run their
institutions without governmental interference.
The petitioners recalled the 11-judge Constitution Bench
ruling of the Supreme Court in the TMA Pai case wherein it was
ruled that maximum autonomy should be provided to private
educational institutions.
According to the petitions, Section 3 of the Act imposed
an absolute mandate on all schools, including private unaided
and minority institutions, to admit without any choice each
and every child whosoever comes to take admission in the
schools in the neighbourhood.
The Act was silent with regard to the fate of children
between the age of 3-6 years which was in fact a crucial
period for a child's education to commence, it said. PTI RKS
AHM


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