In opposition to the Education Department’s instructions, which included the possibility of school closure and the withdrawal of its recognition due to alleged breaches of the Right to Education Act, the Kapol Vidyanidhi International School in Kandivli has brought its case before the Bombay High Court. According to both the school’s administration and the Kapol Vidyanidhi Trust, responsible for the school’s operation, being a linguistic minority institution (Gujarati), the school is not compelled to conform to the provisions specified in the RTE Act of 2009.
On August 28, the school submitted a writ petition challenging the state government, the State Education Department, the BMC, and education officials. They have cited a notable Supreme Court precedent from 2014, which clarified that the RTE Act does not extend to either aided or unaided minority institutions.
According to the school management, despite the school’s minority status, education officers have insisted on their application for RTE recognition, which is mandated by the RTE Act of 2009 and Maharashtra RTE Rules of 2011. In their petition, the management has alleged that a few parents, incited by one particular parent, have filed multiple complaints against the school.
According to the petition filed by the school, the management highlighted that the school principal, out of concern for the potential consequences outlined by the education officers, had been forced to pursue RTE recognition. These warnings encompassed the imminent closure of the school and the transfer of students to a nearby institution.
According to one of the parents, Mr. Vipul Shah, although Kapol School commenced its operations in 2002-2003 and obtained minority status in 2014, they still have to operate under the purview of the RTE Act, which was enacted in 2009, and the Maharashtra RTE rules which came into existence in 2011. Despite their exemption from the 25 percent free seat reservation for underprivileged students, compliance with Form-II or Namuna II is mandatory for all schools under the RTE Act. Failure to possess Namuna II incurs a one-time fee of Rs 1,00,000 and a daily penalty of Rs 10,000.
According to Mr. Vipul Shah, the school’s parent, there are several other violations by the school. Notably, the school has failed to obtain a Building Occupancy Certificate from its inception in 2002 up to 2023. This failure has jeopardized the safety of over 3,000 students for the past two decades. According to Mr. Rohit Dandawate, the president of the Global Parents’ Teachers’ Association, the RTE Act is applicable to all schools, regardless of the circumstances.
