Case Note & Summary
The petitions raised questions about the liability of the State to reimburse fees for elementary and secondary education to children belonging to backward classes and weaker sections of society. The petitioners in PIL No. 26 of 2011 were citizens belonging to Scheduled Castes, Vimukta Jati and Nomadic Tribes, and Special Backward Classes, whose wards were studying in various private unaided schools in Mumbai and were receiving freeships/scholarships provided by the Department of Social Welfare, State of Maharashtra till 2008-09. The petitioner in Writ Petition No. 1724 of 2010 was a private non-aided school seeking directions to the State Government to release the amount of fees/free-studentship for students belonging to backward classes. The court examined the Government Resolution dated 24 December 1970 which sanctioned revised rules for grant of free studentship and examination fees to such students. The court held that the State is obligated under Article 21-A and the Right of Children to Free and Compulsory Education Act, 2009 to ensure free and compulsory education to children aged 6-14 years, including those in private unaided schools, and must reimburse fees for backward class students. The court directed the State to release the amounts due and ensure that schools do not prevent students from attending due to non-payment of fees.
Headnote
A) Constitutional Law - Right to Education - Article 21-A - State Obligation - The State is obligated to ensure free and compulsory education to children aged 6-14 years, including those in private unaided schools, and must reimburse fees for backward class students. (Paras 1-5) B) Education Law - Reimbursement of Fees - Backward Classes - Government Resolution dated 24 December 1970 - The State Government sanctioned revised rules for grant of free studentship and examination fees to students belonging to specified backward classes studying in educational institutions in Maharashtra. (Para 5) C) Education Law - Right of Children to Free and Compulsory Education Act, 2009 - Section 12(1)(c) - Private Unaided Schools - The Act mandates that private unaided schools admit at least 25% children from weaker sections and backward classes, and the State shall reimburse the fees. (Paras 1-5)
Issue of Consideration
Whether the State is liable to reimburse fees for elementary and secondary education to children belonging to backward classes and weaker sections studying in private unaided schools.
Final Decision
The court directed the State Government to release the amounts due for reimbursement of fees to backward class students in private unaided schools and to ensure that schools do not prevent students from attending due to non-payment of fees.
Law Points
- Right to Education
- Reimbursement of Fees
- Backward Classes
- Private Unaided Schools
- State Obligation
- Article 21-A
- Right of Children to Free and Compulsory Education Act
- 2009
