Right to eduction : Supreme Court affirm the rule that PRIVATE SCHOOL SHALL RESERVE 25% FOR POOR CHILDREN .
Supreme Court upheld the constitutional validity of provision related to securing the 25% seat in private school of " Right to Education Act " for poor children .A full bench headed by Hon'ble Mr. Justice S.H. Kapadia , K.S. Panicker Radhakrishnan , and Hon'ble Mr. Justice Swatanter Kumar affirm the validity of earlier decision delivered on April 12,2012 and held '25 % seat shall be reserved for poor children in every private school ' .full bench rejected the petition file be private school ."Chapter IV of the 2009 Act deals with
responsibilities of schools and teachers. Section 12 (1)(c) read with
Section 2(n)(iii) and (iv) mandates that every recognised school
imparting elementary education, even if it is an unaided school, not
receiving any kind of aid or grant to meet its expenses from the
appropriate government or the local authority, is obliged to admit in
Class I, to the extent of at least 25% of the strength of that class,
children belonging to weaker section and disadvantaged group in the
neighbourhood and provide free and compulsory elementary education till
its completion. As per the proviso, if the School is imparting pre-
school education, the same regime would apply. By virtue of Section
12(2) the unaided school which has not received any land, building,
equipment or other facilities, either free of cost or at concessional
rate, would be entitled for reimbursement of the expenditure incurred
by it to the extent of per child expenditure incurred by the State, or
the actual amount charged from the child, whichever is less, in such
manner as may be prescribed. "
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