Case Note & Summary
The petitioner, Jnana Prabodhini, a public charitable trust running a school, challenged an order dated 29 May 2013 passed by the Education Officer (Secondary), Zilla Parishad, Pune, directing cancellation of admissions to Standard V on the ground that the school had conducted a common screening test in violation of Section 13(1) of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act). The petitioner claimed that its school was a special school with innovative ideas and that an application for designating it as a 'specified category' school under Section 2(p) of the RTE Act was pending. The court examined the provisions of Section 13(1) which prohibits any screening procedure for admission to elementary education, and noted that the school had not been granted specified category status. The court held that the pending application does not exempt the school from complying with the Act. The impugned order was upheld, and the petition was dismissed. The court also disposed of the civil application for intervention.
Headnote
A) Right to Education - Prohibition of Screening Test - Section 13(1) of the Right of Children to Free and Compulsory Education Act, 2009 - The petitioner school conducted a common screening test for admission to Standard V, which is prohibited under Section 13(1) of the RTE Act. The court held that the school, not being a 'specified category' school under Section 2(p) of the Act, cannot conduct any screening test for admission to elementary education. The pending application for specified category status does not confer any exemption. The impugned order directing cancellation of admissions was upheld. (Paras 1-3)
Issue of Consideration
Whether the petitioner school's admission of students to Standard V after conducting a common screening test violates Section 13(1) of the Right of Children to Free and Compulsory Education Act, 2009, and whether the impugned order directing cancellation of such admissions is valid.
Final Decision
The petition was dismissed. The impugned order dated 29 May 2013 directing cancellation of admissions was upheld. The civil application was disposed of.
Law Points
- Section 13(1) of the Right of Children to Free and Compulsory Education Act
- 2009 prohibits screening tests for admission to elementary education
- including Class V
- unless the school is a 'specified category' school under Section 2(p) of the Act
- pending application for specified category status does not exempt school from compliance
- admission process must be in accordance with the Act.
Case Details
2013 LawText (BOM) (10) 44
Writ Petition No.4986 of 2013
A.S. Oka, Revati Mohite Dere
Mr. A.M. Joshi, Mr. U.K. Bodhave, Mr. Sugandh B. Deshmukh, Ms. S.S. Bhende
Education Officer (Secondary) and others
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India challenging an order of the Education Officer directing cancellation of admissions for violation of the RTE Act.
Remedy Sought
The petitioner sought quashing of the order dated 29 May 2013 directing cancellation of admissions to Standard V.
Filing Reason
The petitioner conducted a common screening test for admission to Standard V, which the Education Officer held to be in violation of Section 13(1) of the RTE Act.
Previous Decisions
The Education Officer issued a letter on 23 March 2013 warning against screening tests, and after the petitioner's reply, passed the impugned order on 29 May 2013.
Issues
Whether the petitioner's admission process involving a screening test for Standard V violates Section 13(1) of the RTE Act.
Whether the pending application for 'specified category' status exempts the school from compliance with Section 13(1).
Submissions/Arguments
The petitioner argued that its school is a special school with innovative ideas and that an application for specified category status was pending, thus the screening test was permissible.
The respondents contended that the school had not been granted specified category status and therefore must comply with Section 13(1) which prohibits screening tests.
Ratio Decidendi
Section 13(1) of the RTE Act prohibits any screening procedure for admission to elementary education. A school not designated as a 'specified category' school under Section 2(p) cannot conduct screening tests. A pending application for such status does not provide exemption.
Judgment Excerpts
The issue involved in this petition is whether the Petitioner while admitting the students to Standard V of the School run by it has admitted the students in contravention of Subsection (1) of Section 13 of the Right of Children to Free and Compulsory Education Act, 2009.
On 29th May, 2013, first Respondent issued the impugned communication informing the Head Master of the said School that the school has admitted students to standard V after holding a common screening test. Therefore, the Head Master was directed to cancel all the admissions and to grant fresh admissions in accordance with the provisions of the said Act.
Procedural History
The Education Officer issued a letter on 23 March 2013 warning against screening tests. The petitioner sought time to reply on 29 March 2013. The Head Master replied on 24 May 2013. The impugned order was passed on 29 May 2013. The petitioner filed the present writ petition challenging that order.
Acts & Sections
- Right of Children to Free and Compulsory Education Act, 2009: Section 13(1), Section 2(p)
- Constitution of India: Article 226
