Can't deny RTE admission due to dispute with govt: SC to schools

New Delhi: With many students from disadvantaged sections still not getting admission in neighbourhood schools under Right to Education Act (RTE) because of disagreements between govt authorities and school managements, Supreme Court on Tuesday stressed that pending grievances cannot be a ground for educational institutions to deny admission to such students and the same can be dealt with subsequently.

Emphasising that interests of students should not be hampered because of a tug-of-war between govt authorities and school managements, a bench of Justices P S Narasimha and Alok Aradhe said, "We find that schools, like the petitioner's that may have some disagreement with the selection by govt, can make representation to the concerned authority, but they ought not wait for the outcome of such a representation and are mandated to grant admission to the student whose name finds mention in list forwarded to the school in the interregnum. This immediacy is essential to actualise the promise of Article 21A of the Indian Constitution."

The court said the law should be implemented in letter and spirit as providing free elementary education to children from weaker sections and disadvantaged groups is a national mission. "This model envisages the school as a civic space that breaks down barriers of caste, class and gender, thereby advancing substantive social justice," it said.

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