Updated on: Friday, March 18, 2011
The SC asked all states, schools and stakeholders to give their views on the constitutional validity of the Centre's decision to reserve 25 per cent of seats for economically weaker sections under the RTE Act.
A three-judge bench of Chief Justice S H Kapadia, K S Radhakrishnan and Swatanter Kumar took the suo motu decision at the fag end of the day-long hearing on a writ petition filed by the Society for Unaided Schools of Rajasthan.
Instead of hearing only the Society which filed the writ petition last year challenging the constitutional validity, the apex court decided to broadbase the scope of the hearing by inviting all other stake holders.
"In case any society/association/society desires to appear and make submission before the bench by way of intervention/impleadment/or petition it may do so.
"Similarly all states, UTs are put on notice that if they desire to make submissions on the batch of writ petitions they may do so. The batch of writ petitions will be taken up on March 29," the bench said in an order.
The apex court, during the hearing, had remarked that private schools should not complain about the additional burden as investment in education was an investment for the country's future.
The bench, however, said it was willing to strike down the legislation if the private schools are able to establish that constitutional principles have been violated by enactment of the Right to Education Act under which free and compulsory education had been made mandatory for all children in the age group of 6-14 years.