"If any (private) schools have admitted other students in violation of the provisions of the Act, they are liable for criminal action as they cannot violate the fundamental rights of children by stating that no children were available or no list was sent by the government or no children had applied for (admission)," said the division bench of acting Chief Justice V M Sahai and Justice R P Dholaria.
The court has issued notices to 175 private schools, directing them to state if they have implemented the RTE act.
The HC order came in response to a public interest litigation filed by the city-based NGO Dalit Hakk Rakshak Manch, which alleges that a private school in the city denied admission to a backward class girl under the RTE Act despite the order of the district education officer.
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According to the PIL, there are 176 private schools under state board and more than 20 schools under the central boards which are flouting the provisions of RTE.
It says that 1,509 students had applied to the District Education Officer of Ahmedabad for free admission. The DEO forwarded their names to various schools but 905 students were denied admissions.
The next hearing would be held on March 27.