Nursery Admission Quota- SC seeks response from Union and UP

A plea filed by the petitioner NGO Independent Schools Federation of India challenging the constitutional validity of the Right to Education Act, mandating 25% reservations for the nursery classes of unaided schools for children of weaker section. A bench headed by  Justices Dipak Misra and A M Khanwilkar issued notice seeking response from the Centre and state of Uttar Pradesh within 4 weeks. He argued that after the Supreme Court’s decision the private schools are forced to admit children below 6 years of age in the nursery classes by the State. The PIL challenged that Parliament by its 93rd Constitutional amendment is empowered to make reservations in private schools for the backward class, SC and ST. Ravi Prakash Gupta, advocate for the NGO said,  “Any such extension of reservation to children below the age of 6 years would re-open challenge to such 25 percent reservation as there is no such constitutional obligation under Article 21-A of Constitution,” It also highlights that the States do not have the power to identify any backward class. But the RTE Act, intends the benefit to any class of person so declared belonging to the disadvantaged groups by the State which is forbidden by the Constitution. The plea also challenged the definition of disadvantaged groups and weaker sections given in the RTE Act and the power of the State to declare any group of children belonging to backward classes.

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