Court stays government action against missionary school

Gujarat, June 11, 2017: Gujarat high court has stayed state government from taking any action against a school run by Christian missionaries in Surendranagar district, after education authorities imposed a penalty on the school and threatened to cancel its permission for not giving free admission to poor students under the Right to Education Act.

The Surendranagar District Primary Education Committee imposed a penalty of Rs85,000 on St Thomas School in Limbdi town for refusing free admissions under the RTE laws. A private school is mandated to give free admission to poor kids on 25% seats in class 1.

The school authorities argue that the school is not liable to give free admissions under RTE, because it is a minority institution.

When education authorities sought reply from the school over not granting admission under RTE, the school’s trust, Jeet Prakash Trust, explained that it is not obligatory on their part. But the authority slapped a fine on the school, and later on May 31 issued a notice as to why the school’s permission should not be cancelled for failing to abide by the law.

This threat to cancel the school’s permission brought the trust to the high court, where it claimed that it has got minority institution certificate from the government authorities in 1997.

Justice S G Shah stayed the authorities from taking any action against the school till August 21. The HC admitted the school’s petition by citing a Supreme Court order and the school’s contention that RTE laws, so far as giving free admissions is concerned, is not applicable to a minority institution which is guaranteed all rights to establish and administer it under Article 30(1) of the Constitution.

The court, however, has asked the school to deposit the penalty amount with its registry pending outcome of litigation.

Meanwhile, there is a flurry of petitions from such schools run by Christian trusts from all across Gujarat, after they received notice for permission cancellation from education department for not giving admission under RTE Act.

– times of india