The Delhi High Court has asked the Kendriya Vidyalaya Sangathan to file a response to the petition that accused Kendriya Vidyalayas across the country of charging fee from students of Classes I to VIII — violating the Right to Education (RTE) Act.
Issuing notices to Kendriya Vidyalaya Sangathan and the Union Human Resource Development RD Ministry, the division bench of Chief Justice D Murugesan and Justice Jayant Nath questioned the Government schools for collecting fee under various heads like tuition, computer and development, and asked them to file a response by May 15.
Under the RTE Act, Government schools across the country are bound to provide free and compulsory education to children up to 14 years of age, but Kendriya Vidyalayas seem to be on a different track. The Social Jurist, in a petition, has alleged that Kendriya Vidyalayas have been violating a child's right to free and compulsory education by charging fees even from ones below 14 years of age.
The Public Interest litigation highlights the "failure on the part of Kendriya Vidyalayas, across the country, to provide free education to students up to class VIII as required under Articles 21 and 21A of the Constitution."
The Kendriya Vidyalayas, however, denied the allegations saying no student was being charged tuition fee. The counsel appearing for Kendriya Vidyalayas said, "The schools are charging computer fee and development fee but not tuition fee. All female students are exempted from paying any fee."
Pulling up Kendriya Vidyalayas on the allegations, Chief Justice D Murugesan asked, "Why are you even charging computer and development feeIJ You have exempted female students, but male students still have to payIJ"
The petition has alleged that the action of charging students by Kendriya Vidyalayas run by Kendriya Vidyalaya Sangathan is "unconstitutional, illegal and arbitrary. Violating children's 'Right to free and compulsory education up to 14 years of age', Kendriya Vidyalayas are charging students for tuition, computer and development." Ashok Agarwal, advocate for the petitioner told the court that Kendriya Vidyalayas have even increased the fee in the academic year 2013-14.
"The Kendriya Vidyalayas have not just levied fee on students below class VIII, but even increased it in the academic year 2013-14. Kendriya Vidyalaya Shalimar Bagh was charging Rs720 in 2012-13 as Vidyalaya Vikas Nidhi quarterly. In 2013-14, Kendriya Vidyalaya doubled it to Rs1500 quarterly," said the petition.