MADURAI: Referring to a Delhi High Court judgment that stated candidates who reside within a 3-km or 6-km radius of schools can also be considered if Right to Education (RTE) vacancies remain unfilled, the Madurai Bench of the Madras High Court recently granted relief to two parents who had approached the court seeking admission for their sons at a private school in Madurai under the RTE Act.
Their applications were rejected by the school management earlier on the grounds that they resided beyond one-km radius. Justice GR Swaminathan observed, “Adopting the approach laid down by the Delhi HC alone would effectuate the Constitutional vision of catering to the educational needs of the disadvantaged children.” He directed the school management to admit the two children forthwith if they fulfilled the necessary formalities.
The judge gave the direction after noting that the 25% RTE quota in the school had not been filled. “They have admitted only 15 children this year as they fulfilled the relevant criteria. When the quota has not been exhausted, the school management is obliged to relax the distance rule and continue the process till the quota is filled up,” the judge opined.
He cited a judgment passed by Delhi HC in 2012, which stated that admission should first be offered to eligible students belonging to EWS and disadvantaged groups residing within 1 km of the specific schools. In case, if the vacancies remain unfilled, students residing within 3 km of the schools shall be admitted; and if there are still vacancies, then the admission shall be offered to other students residing within 6 km of the institutions, the Delhi HC had held.
Even as per Rule 8 (3) of the Tamil Nadu RTE Rules, 2011, children residing within the said walking distance will be prioritised, but if sufficient candidates are not available, the circle will have to be expanded, Justice Swaminathan added and passed the above order.
What does Delhi HC say?
Admission should first be offered to eligible students belonging to EWS and disadvantaged groups residing within one km of the specific schools. If the vacancies remain unfilled, students residing within 3 km of the schools shall be admitted. If there are still vacancies, admission shall be offered to other students residing within six km