HC vacates stay on LKG and UKG admissions

BENGALURU: The high court on Monday vacated its December 22, 2015 interim order that restrained the government from sending children aged below six for admission to LKG and UKG classes under the RTE quota in schools run by the Associated Managements of Government Recognized English Medium Schools in Karnataka (KAMS).
Justice AS Bopanna vacated the order passed by a vacation bench and noted that the issues raised by the petitioners need detailed hearing, but the interim order may scuttle admissions to LKGUKG and jeopardize the admission process for class 1.
This was after the government advocate argued that the circular issued by the state was to prepare children for better education as mentioned in Article 45 of the Constitution and also section 38 of the RTE Act, 2009, which empowers the state to frame necessary rules for implementing the Act.
The court had stayed the government order which asked schools to admit children aged below six.
School managements argued that RTE was only for children aged between 6 and 14.Counsel for the petitioners said Article 21A of the Constitution provides for free and compulsory education to children aged between 6 and 14 years, and the RTE Act 2009 Section 2(f) stipulates that elementary education pertains to class I to VIII and there is no mention of LGK or UKG.
“The September 19, 2015 circular restricts reimbursable fee for RTE quota students to Rs 5,924 for pre-primary and Rs 11,848 for class 1 (instead of Rs 15,698). Even the said amount is not being paid. The schools are finding it difficult as they are dependent on the fee collected from the remaining 75% of students,“ he claimed.