The Allahabad High Court has reiterated that private schools in Uttar Pradesh affiliated with the Central Board of Secondary Education (CBSE), the Council for the Indian School Certificate Examinations (CISCE), and other educational boards are not exempt from complying with the Right of Children to Free and Compulsory Education Act, 2009. This Act serves to ensure that every child aged between six to fourteen years has a fundamental right to education as enshrined under Article 21A of the Indian Constitution.

Government Ordered to Provide Comprehensive Data

On August 25, a Bench led by Justice Vinod Diwakar directed the Uttar Pradesh government to present a detailed report encompassing five years’ worth of school-wise data on RTE admissions. This includes information on children whose admissions were either denied or not administered, as well as records of complaints related to capitation fees or inappropriate screening procedures, according to reports by LiveLaw.

The Court highlighted the emergence of a broader issue concerning educational opportunities for children belonging to economically weaker sections and socially disadvantaged groups. To address this concern, the Uttar Pradesh government has been tasked with submitting a comprehensive affidavit that elucidates the applicability of the RTE Act and outlines the measures taken to provide quality education for these groups.

The court noted that some private educational institutions recognised by the state allegedly exhibited reluctance to admit children without imposing fees or other charges typically associated with admissions. However, it clarified that it was not yet taking a stance on the validity of these allegations, affirming that the state affidavit would clarify the situation.

No Exemptions for CBSE and CISCE Schools

The Court specifically reviewed the regulations concerning private schools that are affiliated with the CBSE, CISCE, and other boards. It stated that such institutions are required to obtain a No Objection Certificate from the state government for their establishment and functioning in Uttar Pradesh, as well as for their affiliation with the respective boards. Consequently, the High Court has made it clear that affiliation with CBSE or CISCE does not automatically exempt these schools from the educational obligations imposed by state regulations.

State Government Ordered to Submit School Data

The High Court has instructed the state government to compile and submit a district-wise enumeration of all private primary schools, whether aided or unaided, operating in Uttar Pradesh, regardless of their board affiliation. This information is to be collected via the Basic Shiksha Adhikari for basic schools, while data regarding high schools and intermediate colleges will be collated through the District Inspector of Schools, as reported by LiveLaw.

The state has also been directed to provide specific enrolment details for each school at various educational levels, which include Junior Basic Schools, Junior High Schools, High Schools, and Intermediate Colleges. Additionally, the court has requested school-wise information for the previous five academic years from all private schools, irrespective of their affiliation.

Key details requested by the court include the actual number of children admitted, the number of children assigned to a school by the competent authority whose admissions were not completed, along with any recorded reasons for this, and the number of complaints filed regarding the charging of capitation fees or the use of banned screening procedures, as well as the actions taken in response to these complaints. Moreover, schools affiliated with CBSE and CISCE have been directed to cooperate with the Basic Shiksha Adhikari and District Inspector of Schools in providing the necessary information, according to reports by LiveLaw.

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