Inclusion in privateunaided schools:has RTE paved the way?

The Right of Children to Free and Compulsory Education Act, 2009 (henceforth RTE Act), has been, within its relatively short lifespan so far, both hailed and pilloried by educationists, policy makers, civil society actors, institutional representatives from private and government school systems, and parents’ groups. The ‘25 per cent provision’ for inclusion of marginalised children in private schools under Section 12 (1) (c) of the Act has generated considerable public debate and media attention, and led to sharply polarised positions among different sections of society. At an official level, the provision has been defended on the grounds of ensuring inclusion of the marginalised children in the private schools that are perceived as schools offering better ‘quality education’ and on the premise that the private schools must also contribute to the national goal of universalising education. Private schools, in particular, have challenged this provision in the Courts. In April 2012, in Society for Unaided Private Schools of 1 Rajasthan v. Union of India , the Supreme Court upheld the constitutional validity of the Act and directed private schools, both unaided and non- m i n o r i t y, to i m p l e m e nt t h i s p ro v i s i o n . Subsequently, in May 2014, the Constitution Bench of the Supreme Court held that RTE Act shall not 2apply to minority schools . Thus, the provision requiring private schools to provide free and compulsory education to 25 per cent of their grade 1/pre-primary students does not apply to minority institutions.