Right to education ( article 21 A) with case laws

 Added by 86th Amendment Act , 2002
 The Right of Children to Free and
Compulsory Education Act or Right to
Education Act (RTE) is an Act of
the Parliament of India enacted on 4 August
2009,
 Which made education for all of the age of 6
to 14 years a Fundamental right.

Education is a Basic human right .Basically an educated citizen
has to choose the representatives who form the Government
.Education Give personal human dignity who develops himself as
well as contributes to the development of his country .
State under Article 45 as on of the DPSP to provide free and
compulsory education to all the children
It is unfortunate that a since lapse of 60 years from the
commencement of constitution the government did not take any
concrete steps to implement this directive

Mohini Jain vs State of Karnataka
 Matter was raised by petitioner
Right to Education is a Fundamental Right under Art 21
Mohini jain was denied of Admission because of High
capitation fee of Rs 4 lakh per anuum in Private medical
college in Kanataka.
Held : Right to education at all level is a fundamental right
under article 21 of the constitution . Capitation fee is Illegal
and amounted to denial of citizens right to Education
But did not say up to what age a citizen has the right to
Education guarrranted by constitution .

 Held : RTE for the children of the age 6 to 14
years of age is now a fundamental right .
 Court did not agree with the judgement of
Mohini Jain’s Case where children of all ages
have the right to education .
 Unni krishanan case over ruled the
judgement of Mohini Jain’s case
 After 14 years of age the obligation of the
state depended on the economic capacity
and development.

 Right of children to Compulsory education Act,
2009 was passed by the parliament to give effect
to the 86th constituion Amendment act , 2002 .
 The Act makes education a fundamental right of
every child between the ages of 6 and 14 and
specifies minimum norms in elementary schools.
It requires all private schools(except the
minority institutions) to reserve 25% of seats for
the poor and other categories of children (to be
reimbursed by the state as part of the public-
private partnership plan). Children are admitted
in to private schools based on caste-based
reservations.

Right to education ( article 21 A) with case laws

More Related Content

What's hot (20)

Similar to Right to education ( article 21 A) with case laws (20)

Recently uploaded (20)

Right to education ( article 21 A) with case laws