The Allahabad High Court has directed the Uttar Pradesh government to furnish five-year, school-wise data on students admitted under the Right to Education (RTE) Act, including details of children whose admissions were denied or not acted upon by schools.The court also sought details of complaints alleging collection of capitation fees or adoption of screening procedures in violation of the state’s education policy, along with action taken on such complaints. Justice Vinod Diwakar passed the order recently while hearing a writ petition filed by St John’s School, Babhanauti, Pachwal. The court observed that it had been brought to its notice that certain private educational institutions recognised by the state were reluctant to admit children and forgo fees and other charges ordinarily levied by them. “The correctness of the allegation is a matter upon which no opinion is expressed at this stage and the affidavit called for hereinafter will enable the position to be ascertained,” the court said. The bench directed the state government counsel to file an affidavit by September 15, the next date of hearing.
It also directed schools affiliated to the CBSE, CISCE and other boards to cooperate with the Basic Shiksha Adhikari and District Inspector of Schools concerned in furnishing the required information. The court clarified that the data was being sought only to obtain a complete picture and that no opinion had been expressed on the conduct of any school. “Nothing herein shall be acted upon to the prejudice of any institution save after notice and in accordance with law,” Justice Diwakar said. The high court had previously clarified that private schools in Uttar Pradesh affiliated with CBSE or ICSE are not exempt from the RTE Act, 2009, which guarantees free and compulsory education to children aged six to 14 years under Article 21A of the Constitution.
