He claimed that even after the apex court verdict, the states are forcing private schools to also admit children below the age of six years in nursery classes despite that there is no constitutional obligation. "Any such extension of reservation to children below the age of 6 years would re-open challenge to such 25 per cent reservation as there is no such constitutional obligation under Article 21-A of Constitution," advocate Ravi Prakash Gupta appearing for the NGO said.
The petitioner NGO has also challenged other provisions of Right to Education Act which define 'disadvanataged groups' and 'weaker section' and give power to the states to declare any group of children as belonging to backward classes. It has been contended in the PIL that by 93rd Constitutional amendment, Parliament has been empowered to make reservations with respect to private schools only in favour of backward classes and SC and ST.
But by the RTE Act the benefit has been extended to any class of persons so declared by states to be belonging to 'disadvanataged groups' which is impermissible as per the Constitution. It said that reservation in favour of weaker section is prone to abuse by authorities as 95 per cent people in India transact in cash and do not file IT returns.
But under the RTE Act, states have been "unconstitutionally" given power which may lead to political appeasement of any group or class, it said.
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