States have 6 months to notify RTE rules: SC | mumbai | Hindustan Times
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States have 6 months to notify RTE rules: SC

mumbai Updated: Apr 17, 2012 02:26 IST
Deepti Khera

The Supreme Court has given state governments six months to notify rules under the clause reserving 25% seats for students from disadvantaged sections under the Right to Education (RTE) Act.

On Thursday, the Supreme Court upheld the constitutional validity of the RTE Act and said all private and unaided schools other than minority unaided schools have to reserve 25% seats for weaker sections.

The 177-page judgment was pronounced by a bench comprising Chief Justice SH Kapadia, Justice KSP Radhakrishnan and Justice Swatanter Kumar last week. The judges ruled that those states that are yet to notify the rules under the Act must do so within six months from the judgment.

Maharashtra is yet to notify the same. “We are aware of the deadline set by the Supreme Court and we are working on the guidelines,” said JS Saharia, principal secretary, school education, Maharashtra.

The Supreme Court has also said that state governments will have to constitute a state advisory council within three months. “The role of the state advisory council will be to see how to implement the rules. We have not constituted an authority and will come up with notifications as soon as possible,” said a government official.

The state government may also set up a regulatory authority for supervision and effective functioning of the Act and its implementation, the judgment stated. The judges clarified that all parents have the choice to put their children in any school and not necessarily in neighbourhood schools.

“There needs to be clarity on how the government plans to implement this clause. It is good that a deadline has been set,” said Seema Buch, principal, Gundecha Academy, Kandivli.