Recently, the Bombay High Court set aside the Maharashtra government’s order, which said that private schools need not implement this provision if there is a government school within a distance of 1 kilometre. A similar rule by the Punjab government mandated that a parent can only claim an EWS quota in private schools when their child couldn’t secure admission in government schools. Such attempts by state governments undermine the philosophy behind the implementation of RTE and try to bypass the 25% reservation of seats in private schools for children from economically weaker sections.

The idea of giving every child the right to be at a school has waited for a long time. Gopal Krishna Gokhale tried to seek approval for it in the Imperial Legislative Assembly in 1911. Thus, when the RTE was finally promulgated, it was expected to serve as a conscience-raiser. However, considering the lacunas in its implementation, one can say that the act is neither appreciated nor understood.

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Reasons for undermining the Right to Education (RTE)

• Right to Education (RTE) is not seen as an absolute right.
• Resistance from Private Schools: Private schools saw RTE as an intrusion in their authority and functioning.
• Government Actions: Nexus between private schools and politicians tried to bypass the provision through legal loopholes. E.g., orders by Maharashtra and Punjab governments.
• Expenditure on state governments: According to the Maharashtra government, the order was to avoid the duplication of resource expenditure. The government has to reimburse the private school for the cost of enrolling the poor students and also has to maintain the private schools.
• Segregation within Schools: Some private schools created separate sections or sessions for EWS children rather than allowing them to study with others.
• Inadequate teacher training: Only a well-trained and qualified teacher can handle the class with students from diverse backgrounds more effectively.

Way Forwards

• Implementation of J. S. Verma Commission Recommendations: Revamping teacher training to handle diverse classrooms effectively.
• Increased Awareness: Educating society about the importance of RTE to ensure broader acceptance and better implementation.

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Conclusion

According to modern pedogogic theory, mixing children from different backgrounds enriches the learning. It has the potential to build long-term bridges in a stratified social order. Thus, the Right to Education Act has to be implemented in letter and spirit. 

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