Will presence of Government schools exempt unaided schools from Right to Education Act? SC to decide

Will the presence of Government schools in the locality exempt unaided schools from the obligation under Right to Education Act? 

The Supreme Court will decide on this question as it has issued notice in appeals challenging amendment to Rule 4 of Karnataka Right of Children to Free & Compulsory Education Rules, 2012.

Notice was issued by a Bench of Justices NV Ramana, Ajay Rastogi and Surya Kant in an appeal filed by the Education Rights Trust and RTE Students and Parents Association.

The amendment under challenge precludes identification of schools under the RTE Act wherever there exists a Government School or an aided school.

If the amendment is declared ultra vires the Constitution of India, children entitled under the RTE Act may seek admission in any school in the locality.

The same was challenged before Karnataka High Court which had upheld the validity of the same by a judgment rendered in May this year, while observing,

"Petitioners or such students have no right of admission to private schools only as long as the government schools, local authorities or aided schools are available in the neighbourhood.”