HC Notice To State Govt Of Karnataka On RTE Act

The High Court on Thursday issued a notice to the State Government and the special officer in the Education Department in response to a PIL regarding problems in implementation of RTE pertaining to reservations for SC, ST and OBC students.

K Nagesh who was present as a petitioner argued that the Karnataka Right To Education Rules state the upper limit of annual income for parents of SC, ST and OBC students was Rs.3.5 lakh for admission under RTE provisions. A related notification has also been issued by the State Government on May 5, 2012.

He also said "However, the Class 'A' of section 2 in the original RTE-Act clearly mentions that the upper limit for annual income for the above cases is Rs. 8,010. Karnataka rules pertaining to RTE are unconstitutional and are against the original intentions of RTE Act itself."

The notification further said that the children belonging to backward classes, irrespective of their income, are entitled to free seats in elementary or primary schools.

Based on the issue, the High Court has stayed Karnataka Administrative Services (KAS) examinations till September 3 in a petition filed by Physically challenged candidates seeking 3 to 5 percent reservation in the examinations. The petitioners sought direction from the court for 3 to 5% reservation in KAS and Public Service Commission Examination.

KAS Examinations are scheduled to be held on August 25 and September 4. The petition came up hearing before the division bench headed by chief justice Vikramajit Sen.