SC dismisses plea seeking review of RTE verdict
Under Right to Education Act, all government private aided and unaided schools were asked to reserve 25 per cent seats for poor children.
New Delhi: The Supreme Court has dismissed a plea to re-look at its verdict of upholding Right to Education Act (RTE), under which all government, private aided and unaided schools were asked to reserve 25 per cent seats for poor children.
A bench of Chief Justice S H Kapadia, and justices K S Radhakrishnan and Swatanter Kumar dismissed the petitions filed by private schools seeking review of its April 12 judgement in which it had upheld constitutional validity of the RTE Act.
The bench had ruled by a 2:1 majority against the private schools.
While Justice Kapadia and Justice Kumar had given the majority verdict, Justice Radhakrishnan, who had given a dissenting judgement on some aspects of the law, had asserted that the provision for 25 per cent compulsory free seats would not apply either to unaided private institutions or to unaided minority schools.
The apex court had rejected the arguments of the private schools that imposition of such conditions violated their fundamental right guaranteed under Article 19(1)(g) (carry out any profession) as being "unreasonable".