Karnataka High Court upholds the amendment to Rule 4 of the Karnataka Right of Children to Free and Compulsory Education Rules, 2012


The rules in 2012 were introduced in Karnataka in consonance with the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act). Rule 8 of the state’s act provides compensation to the private schools for reserving 25% of the seats for the under - priveleged students. But in 2019, Karnataka Government headed for an amendment in 2012 Rules, claiming that private schools are not needed to provide admission to the children of depressed class if there are government schools established in the neighbourhood. Under Such context, unaided and private schools will not be entitled to get compensation under Rule 8 of the Act.

The bench of L Narayanswamy and PS Dinesh Kumar quashed the writ petition challenging the amendment to rule - 4. The court ruled out that the action of the respondents is neither irrational nor unconstitutional nor it violates any law in existence. The petitioners have failed to show the malafide and arbitrary nature of the act.


 
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