RTE Act applies to residential schools too: High Court

Bengaluru: The Karnataka High Court has clarified that provisions of the Right To Education (RTE) Act 2009 also applies to residential schools.

The Single Judge Bench headed by Justice Suraj Govindaraj, which heard the petition filed by Mysuru-based Jnanasarovara Education Trust, which is running an unaided ICSE residential school, passed the order.

This apart, the High Court has also dismissed the petition challenging imposition of Rs. 1.6 crore (Rs. 1,60,50,000) fine on the Trust, by the School Education and Literacy Department on Nov. 23, 2021 for non-compliance with RTE Act.

In addition, the Court in its order has clarified that, as per Rule 18 and Rule 11 of RTE Act, all schools other than Government run institutions must register with the competent authority by submitting Form-1.

Referring to Section 18(1) of the RTE Act, the High Court Bench passed the order in favour of Education Department stating that the Act was announced in the gazette on Apr. 28, 2012, after which the schools have to register with the competent authority with six months. However, due process has not been followed, which is a violation of the rules.

Background: D. Balakrishnappa and William Yesudas had approached the Education Department seeking action against the school for not being registered under RTE Act. Following this, the Department had issued a notice to the school on Dec. 19, 2016 to appear in person which was not complied with.

Later, on Jan. 12, 2017 a show cause notice was issued again, for which the school replied stating that it does not fall under the purview of RTE Act, being a residential school.

Following this, the then BEO had issued yet another notice in 2017, questioning the school authorities for not uploading the details of the students as per the orders issued by DDPI in accordance with RTE Act. Later, the then ZP CEO had issued directions to DDPI to investigate the matter for non-compliance of Section 8 of RTE Act.

Another show cause notice was issued to the school authorities seeking an explanation as to why the school should not be fined for violating the rules. On receiving the notice, a representative of the school had appeared before the DDPI following which Rs. 1.6 crore fine was imposed on the school. Following this, the school’s management committee had moved HC against the order passed by the DDPI.