Indore : There is no escape. Apart from the classes of primary, secondary and higher secondary levels, Right to Education (RTE) Act will also cover the admissions granted to nursery classes of private schools.
Rejecting a plea of some private schools, Indore bench of Madhya Pradesh High Court on Friday stated that the provisions of the RTE Act apply on nursery admissions too.
The order comes as a major relief to parents from economically weaker sections (EWC), who want to admit their wards in private schools.
Single bench of Justice Prakash Shrivastava stated that the private schools would have to reserve 25 percent of seats to students belonging to EWS and directed the state government to make reimburse their fee.
Additional advocate general of Madhya Pradesh, Manoj Diwedi said private schools were not implementing RTE Act on admissions in nurseries. “When this was brought to the notice of the state government, notices were issued to private schools in September 2013.”
The notices were challenged by the private schools including Daly College, Emerald Heights, SICA and Sishukunj through private petitions. Their submission was that RTE Act is not applicable for admissions in nursery/pre-school.
The stated the RTE Act is limited to children in the age bracket of 6 and 14 years and schools have to give admission under the said Act only in classes from standard I to VIII.
The petitioners claimed that children eligible for admission in nursery and pre-schools like LKG and UKG are the below age of 6 years so the Act does apply in the pre-schools.
Rejecting the argument, the HC observed that the child is entitled to get education right from the time he/she starts going to school and made it clear that RTE is applicable for admissions in pre-school as well. The HC also directed state to set up a committee to come up with the modalities of reimbursement to schools as per the law. State has to submit its report on reimbursement in three months.