Sachin wrote:I am not a lawyer, but from what I can make out of it is that unaided schools (be it minority or majority community managed) are exempted from this. At least in my state there are lots of schools started by various managements (or trustees etc.) which have procured their own land and built up their own assets. They recruit teachers from the open market and pay them based on negotiated agreements. Many of these schools go for English as the medium and opt for ICSE or CBSE syllabus. So these sort of schools remain untouched from this act. The state government cannot do any thing to force upon them any idea, which they are not willing to buy.2. Rights of children to free and compulsory education guaranteed under Article 21A and RTE Act can be enforced against the schools defined under Section 2(n) of the Act, except unaided minority and non-minority schools not receiving any kind of aid or grants to meet their expenses from the appropriate governments or local authorities.
PS: I know a few schools (or its management) who literally kept the state government (of Kerala) at an arm's length. This was during the time when student union politics was going in full swing in state schools, and the teacher community too equally politicises. These new schools felt that if they got any deal from the local state government, the quid pro quo would be politics entering their schools and finally the new school also becoming the old "government school". Many parents also started preferring such new schools, because they did not want their kids to play politics and waste their lives. These new schools did charge higher fees, because they did not get a paisa from the state governments.
This is an incorrect appreciation of the Law. The Constitution, 86th amendment Act 2002 added Art. 21A to the Constitution of India, making the Right To Education a fundamental right.
Ostensibly to give effect to this right, the Right to Education Act was passed, which made it the responsibility of Private Schools (Whether Aided or Unaided), in addition to govt schools, to admit 25% Below Poverty Line students. The Supreme Court of India, in a recent judgement has upheld this notion as intra vires the constitution.
Under Art 30, The constitution of India, minorities have the unfettered right to establish and administer their own institutes. As such, Private UNAIDED minority institutes will not be forced to implement this quota. However, private, unaided non-minority institutes MUST implement it, or suffer action under the law.
. In Karnataka I have noticed that certain groups/communities are trying to get educational instituitions setup claiming themselves as "linguistic minority".
like in private schools in desh. But in private schools here just bus will cost you $1500 per month for each child. Fees are like $2000 per month on top of it.