The Allahabad High Court has clarified that private schools affiliated with the Central Board of Secondary Education and the Council for the Indian School Certificate Examinations in Uttar Pradesh cannot claim exemption from obligations under the Right of Children to Free and Compulsory Education Act, 2009.
The court's observation came while hearing a writ petition concerning St John's School, Babhanauti, Pachwal. Justice Vinod Diwakar directed the Uttar Pradesh government to collect and submit detailed information about the implementation of the Right to Education Act across private schools in the state.
CBSE and CISCE affiliation does not provide exemption
The High Court specifically considered the position of private schools affiliated with CBSE, CISCE and other education boards.
The court noted that such schools require recognition and the necessary permissions from the state government for their establishment and functioning in Uttar Pradesh. Their affiliation with a particular education board does not, by itself, remove their obligations under applicable state education rules and the RTE framework.
The court therefore made it clear that board affiliation cannot be treated as a blanket exemption from RTE requirements applicable to elementary education institutions in the state.
Five year admission data sought
One of the major directions issued by the court concerns the collection of five years of school wise admission data.
The Uttar Pradesh government has been asked to provide information on children who were admitted under the RTE Act at individual private schools. The data must also identify cases where children were allotted seats but their admissions were either refused or not completed.
The court has also sought the reasons recorded in such cases wherever available.
This information is intended to give the court a clearer picture of how RTE admissions are being implemented across the state.
Details of complaints also required
The court has asked the state government to provide details of complaints alleging that private schools collected capitation fees or used screening procedures prohibited under applicable education rules.
The information is also expected to include details of action taken by the authorities on such complaints.
The court has not, at this stage, concluded that any particular school has violated the law. It has clarified that the information is being sought to understand the overall situation and assess the implementation of the RTE framework.
State government asked to file affidavit
The Uttar Pradesh government has been directed to file a comprehensive affidavit explaining the applicability and implementation of the RTE Act in the state.
The affidavit is expected to provide information regarding the steps being taken to ensure educational opportunities for children belonging to economically weaker sections and socially disadvantaged groups.
The state has been directed to submit the affidavit by September 15, which is the next scheduled stage in the proceedings.
District wise information to be collected
The High Court has also directed the state authorities to prepare a district wise list of private schools operating in Uttar Pradesh.
The information is expected to cover private primary schools, including aided and unaided institutions, irrespective of the education board with which they are affiliated.
The Basic Shiksha Adhikari and District Inspector of Schools have been assigned roles in collecting information from different categories of schools.
Schools affiliated with CBSE, CISCE and other boards have also been asked to cooperate with the authorities and provide the information required for the court's exercise.
What the RTE framework means
The Right to Education Act, 2009 provides for free and compulsory education for children in the prescribed age group and establishes obligations relating to elementary education.
The law also contains provisions concerning children from economically weaker sections and disadvantaged groups and regulates certain admission practices.
The High Court's latest directions focus on determining how these provisions are being implemented by private schools across Uttar Pradesh.
The court's intervention could therefore provide a broader picture of RTE admissions, including the number of children benefiting from the system and cases where admissions were reportedly not completed.
Wider significance for private schools
The order is significant for private schools because it reinforces the need for institutions to comply with applicable education regulations even when they follow a curriculum or examination system administered by a national board.
CBSE and CISCE affiliation determines the academic board under which a school operates, but the court has clarified that such affiliation does not automatically remove state level regulatory requirements.
Schools will therefore be expected to cooperate with government officials in providing the admission and complaint information requested by the court.
Court maintains that allegations are not findings
An important aspect of the order is that the High Court has not treated the allegations against private schools as established facts.
The court has sought information to obtain a complete picture of the situation. It has also indicated that no adverse conclusion should be drawn against an individual institution merely because its details are included in the information being collected.
Any action against a particular institution would have to follow the applicable legal process.
This distinction is important because the court's present exercise is primarily focused on gathering information and examining the implementation of RTE provisions across Uttar Pradesh.
Impact on parents and students
The proceedings could be significant for parents seeking admission for their children under the RTE framework.
The five year data requested by the court may help identify patterns in admissions, rejected or unprocessed applications and complaints relating to prohibited admission practices.
For students from economically weaker and socially disadvantaged sections, effective implementation of RTE provisions can play an important role in improving access to private school education.
The court's directions are therefore being closely watched by parents, schools and education authorities across Uttar Pradesh.
Current status
The Allahabad High Court has directed the Uttar Pradesh government to compile the requested information and submit its affidavit by September 15.
Private schools affiliated with CBSE, CISCE and other boards will have to cooperate with the relevant state education authorities in providing the information sought.
The court will consider the government's response and the collected data in the next stage of the proceedings.
For now, the key message from the court is that affiliation with a national education board does not, by itself, provide a private school in Uttar Pradesh with an exemption from applicable RTE obligations.