The Karnataka High Court on Tuesday held that students cannot exercise the right of admission to private schools when there is presence of government schools, local authorities’ schools or aided schools in the neighbourhood. The Court upheld the constitutionality of amendment of Rule 4 of Karnataka Right of Children to Free & Compulsory Education Rules, 2012. The challenged amendment has prohibited identification of schools under the Right to Education Act when there is availability of government school or aided school.
The bench comprising of Justice L. Narayan Swamy and Justice P.S. Dinesh Kumar observed that there was absence of any element justifying arbitrariness or mala fide. The Court further stated that the State Government will be compelled to reimburse astronomical figures. Therefore, such arguments on behalf of the petitioners are fallacious.
The Court in, Education Rights Trust vs. Government of Karnataka, upheld the government policy justifying the absence of Right of Admission to Private Schools or unaided schools when government schools or aided schools are availaible in the local neighbourhood.