HIMANGI Vs. GNCT OF DELHI

JUDGEMENT

(1.) Section 12(1)(c) of the Right to Education Act mandates a school specified in sub-clause (iii) and (iv) of clause (n) of Section 2 to admit in class I, to the extent of at least 25% of the strength of that class, "children belonging to weaker section and disadvantaged group" in the neighbourhood and provide free and compulsory elementary education till its completion. Where a school specified in clause (n) of Section 2 imparts pre-school education, the aforesaid provision also applies for admission to such pre-school education.

(2.) Section 2(n) of the RTE Act, to the extent it is relevant, reads as under:- ""School" means any recognised school imparting elementary education and includes (i) a school established, owned or controlled by the appropriate Government or a local authority; (ii) an aided school receiving aid or grants to meet whole or part of its expenses from the appropriate Government or the local authority; (iii) a school belonging to specified category; and (iv) an unaided school not receiving any kind of aid or grants to meet its expenses from the appropriate Government or the local authority" The expression "specified category" has been defined in Section 2(p) of the Act and comprises Kendriya Vidyalaya, Navodaya Vidyalaya and Sainik School or any other school having a distinct character as may be specified by notification, by the appropriate Government.

(3.) It would thus be seen that all the unaided school in Delhi which do not receive any aid or grant from the Government or a local authority as well as the schools belonging to "specified category" are mandated by law