Bangalore: April 5, 2013 DHNS
Hearing a petition by Karnataka Unaided Schools Management Association and others challenging a circular dated March 12, issued by the Department of Public Instruction specifying guidelines to fill 75 per cent seats (non-RTE quota) in private and unaided schools, Justice B S Patil, observed “schools are required to formulate their own rules/regulations for admitting the remaining 75 per cent seats.
“While framing such rules/ regulations, the only condition imposed is that the same shall be pursuant to, in accordance with and, adhering to the aims and objects of the school and same shall be logical, justifiable and traceable to aims and objects of given institution to ensure transparency in admission.”
Further, schools were also directed to formulate their own policy as well as publish their norms and category for admission.
Citing an illustration, Justice Patil said: “Suppose there are 10 seats reserved and there are 12 applications for them. You must select them through casting lots.” Justice Patil passed his judgement after government counsel R Om Kumar submitted an affidavit filed by Commissioner, Department of Public Instruction, which stated that the circular was based on the guidelines issued by the Union Government to bring in transparency in the admission process.
Accordingly, the commissioner, in his affidavit, submitted that the circular dated March 12, 2013 was issued under Right of children to Free & Compulsory Education Act 2009 (RTE Act) with regards to procedure for admissions in schools under Section 13 (1) and Section 12 (1) (c) of RTE Act.
The guidelines were issued by the Department of School Education and Literacy, functioning under the Ministry of Human Resources Development, on November 23, 2010.