A student cannot seek right to transfer to a different school under the Right to Education Act only if the school, s/he seeks admission is an unaided school, which does not get any sort of grants from the government, the Bombay High Court ruled on Monday.
A bench of Justices Ravi Deshpande and Anil Kilor was dealing with a petition filed by nearly 25 students, who got admission in a school at Nagpur's Civil Line area, against the 25 per cent seats reserved under the RTE act.
The students, who have completed Standard IV, sought admission in another school for Standard V run by the same management since their school has the facility only till Standard IV. The students argued that the RTE law confers the right to transfer from one school to another and thus, they must get admissions for Standard V in the second school.
The bench perused the RTE law and noted, "The transfer to other school is a right and permissible in the eventuality if there is no provision of completing of elementary education in the existing school or for any reason whatsoever, with a rider that the school where the transfer is sought, shall be other than a school belonging to specific category or unaided school not receiving any grant to meet expenses from the appropriate government or the local authority."
The bench further noted that the two schools in question, though both belong to the same management but still the two are separate units. The second, school, the judges noted was an unaided school which depends on the grants from the government, to function.
The judges refused to issue any directive to admit these students in the second school. The judges, in fact, noted that the divisional education officer has given a list of 25 schools where these students can get admissions, as per their choice. "Thus, we reject the contention of the students that, denying admission in the Standard V at the second school, amounts to denying them their right under the RTE Act. In fact they have wide choice and numerous options for admission in the fifth standard," the bench said while dismissing the petition.
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