Govt backtracks on home schooling; says not permitted under the RTE Act

In a volte face, the Govt has reversed its view (filed earlier in an affidavit in the Delhi High Court) that home schooling is permissible under the Right to Education Act.

Deccan Herald reports

The Union government took a U-turn before a division bench of the Delhi HIgh Court, saying its earlier stand that the Right to Education Act does not come in the way of home-schooling was "incorrect and contrary" to Section 10 of the Act.

The Centre had sought time to file a fresh affidavit clarifying its stand.

...

Advocate Ashok Agarwal, in the capacity of an intervener appointed by the High Court in this case, had objected to the government's and the petitioner's stand in their affidavits.

"The demand on the part of the petitioner for home-schooling or alternative forms of schooling and the stand taken by the Union Government in support of such demand through counter affidavit dated July 16, 2012 is based on completely casual and erroneous interpretation of the letter, spirit and intent of the RTE Act," he had submitted in his response.

The Delhi High Court directed the Union of India to file its counter affidavit by December 19th, 2012.

Case Details:

Delhi High Court Case no. W.P.(C) 8870/2011

SHREYA SAHAI AND ORS  Vs. UOI AND ORS
Advocate: Somnath Bharti

(APPELLATE JURISDICTION) , COURT NO. 1 ,  (DIVISION BENCH-1) 
HON'BLE THE ACTING CHIEF JUSTICE , HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

Additional Respondents:

Ashok Aggarwal
Central Board of Secondary Education 
National Institute of Open Schooling
Association of Unaided Private Schools

Jandhyala B G Tilak, has argued in the Economic & Political Weekly that the affidavit submitted in July 2012 by the Government to the Delhi High Court permitting home schooling under the Right to Education Act contradicts the letter and spirit of the Right to Education Act.