Bengaluru, Feb 14: In a temporary relief to some of the private schools that are claiming “minority status”, a Division Bench of the Karnataka High Court on Monday stayed a Government Order that required private schools not having ‘minority status certificate’ from competent authorities to fill up 25% seats under the RTE quota up to Class 8.
The Bench, while staying the June 18, 2014 Government Order, has directed the State not to impose any obligation or regulate the management of the petitioners’ schools, in compliance with the Right to Free and Compulsory Education (RTE) Act, particularly in the matter of admission of students under the RTE Act.
The single judge bench had declared that the RTE Act quota can be waived only for those schools that have secured ‘minority status certificate’ from competent authorities.
The appellant schools had submitted their applications for grant of minority status certificate long ago, but the authorities had not considered their applications till the single judge bench had delivered its verdict.
When the issue of applicability of RTE quota for schools not having ‘minority status certificate’ was pending for consideration before the single judge bench between June 2014 and January 2017, the court had stayed application of 2014 Government Order to these schools.
However, the single judge bench, while holding that the RTE quota is applicable for those schools having no ‘minority status certificate’, had vacated the stay granted against the June 18, 2014 Government Order and had also directed the schools to earmark additional 10% seats, in addition to 25% annual RTE quota, every year to complete the backlog created due to earlier stay order.
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