The Supreme Court of India on 19 September 2012 refused to review the petitions challenging the constitutional validity of the Right to Education to Free and Compulsory Education Act 2009. The Independent Schools Federation of India, the Society for Unaided Private Schools of Rajasthan, the Catholic Bishops Conference of India with two other institutions filed PIL (Public-interest litigation) against the Act, for a review.
The Supreme Court Bench including Chief Justice S. H. Kapadia along with Justices Swatanter Kumar and K. S. Radhakrishnan rejected the petition stating that the Act is constitutionally valid and is applied for all the schools funded, held or managed by government or any private authority.
Right of Children to Free and Compulsory Education Act, 2009
The Right of Children to Free and Compulsory Education Act makes it mandatory for the government, aided and non-minority unaided schools to reserve a minimum of 25 percent seats to provide free and compulsory education to children in the age group of 6 to 14 years. The right to education is included to the right to life in Article 21 of the Indian Constitution and in case any child is derived from his right of education is also deprived from his right to live with dignity, exercise freedom of expression and speech included in Article 19(1) (a).
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