A division bench of Madhya Pradesh high court here stands divided over extending Right to Education (RTE) to children below six years of age. Opinion of a third judge will be called to resolve the stalemate.
The bench comprising Justice PK Jaiswal and Justice Shubhada Waghmare had divided opinion over extending RTE to children below six years of age, enabling underprivileged children to seek admission in nursery, KG-I and KG-II classes.
Earlier in December 2014, a single judge bench headed by Justice Prakash Shrivastava rejected a collective petition filed by private schools against admitting kids below six, and adjudged that RTE is not just limited to children between 6 - 14, but also applicable to children belonging to pre-schooling age group too.
Private schools challenged the judgement on the ground the state was trying to shift its burden on them and obtained stay on the court's order.
The state government, however, appealed the high court to vacate the stay. While Justice Jaiswal was in favour of maintaining the stay and rejecting the government's appeal, Justice Waghmare had differing opinion and the matter was reserved for orders.
Opinion of third judge will be required in deciding the issue. The matter is being forwarded to the Chief Justice of high court.