HC stays DPI notices to schools on RTE quota

The Karnataka High Court on Tuesday stayed the notices issued by the Department of Public Instruction (DPI) to a couple of schools, which are claiming linguistic minority status, to fill up 25% of seats under the RTE quota.

Vacation judge A.S. Bopanna passed the order on petitions filed by New Horizon Educational and Cultural Trust and others questioning notices issued by the DPI on May 11, 2018, asking the schools, run by the petitioners, to admit students under the RTE quota for the academic year 2018-19.

The DPI had issued notices to the schools run by the petitioners after the the National Commission for Minority Educational Institutions had on May 3, 2018, declined to examine the issue of grant of linguistic minority status to educational institutions by stating that the commission has the jurisdiction to examine only the religious minority status of educational institutions.

However, the petitioners have claimed that a division bench of the Karnataka High Court, in its order on September 2017, had asked the Commission to examine the application of the petitioners for grant of linguistic minority status by conferring specific right to the Commission to examine even the linguistic minority status.

Also, the Supreme Court, it has been stated in the petition, has also held that the Commission is empowered to decide all questions relating to or which may arise with regard to the right to establish and/or administer educational institutions by a minority and also to declare such institution as a minority educational institution.

The petitioners pointed out that the Commission’s claim of not having jurisdiction is not correct in view of the judgments of the High Court and the apex court.