Join me for a thought experiment: Imagine I mandated you to admit your child or cousin in a neighbourhood government school. Only if such an option doesn’t exist within the neighbourhood (<1 km), will you have the liberty to enrol them in an unaided/private school of your choice. 

If you voted a resounding NO to that thought experiment, you will probably not resonate with the feeling of the amendment made to the Right to Education Act (RTE Act), Section 12.1.c, which is the world’s largest affirmative action policy. This particular clause within RTE Act, has provided for free and compulsory education to 2 Crore+ disadvantaged children over a decade in private unaided schools in their neighbourhood. As per section 12.1.c, all private unaided schools are mandated to reserve 25% of their seats for children from economically weaker sections and disadvantaged backgrounds.

Karnataka, like many other states, started implementing this section in the year 2012-13 and 49,282 students were admitted in private schools as a result, receiving an equal opportunity for an inclusive, quality education. 

But, In 2019, the Karnataka Government passed an amendment to Section 12(1)(c) of the RTE Act to allow only those students to apply under the 25% quota of private schools who do not have any government school within 3km of their residence. 

According to reports, this amendment has resulted in a 92% decline in applications to private schools under Section 12(1)(c). The amendment was unfortunately upheld by the Karnataka High Court and a Special Leave Petition is pending before the Hon’ble Supreme Court. 

If this clause is not struck down by the Karnataka Government and/or the Supreme Court of India :  

Close to 3.5L (1.5L every year) children will be denied an opportunity to seek admissions in private unaided schools in just three years. 

The seat fill rate fell by approx. 92% (decline in RTE applications) with 50k students getting admission under RTE 12.1.c as opposed to 5lakhs (approx) prior to the amendment. 

To the Chief Minister and Education Minister of Karnataka, 

Please correct the wrong done to lakhs of disadvantaged children in Karnataka in the last 3 years. Here’s your moment to legislate with a stroke of a pen and uphold the spirit of Right to Education for the most vulnerable citizens of your State.

To the Chief Justice of India,

Please bring urgent relief and attention to the prayers being made on this matter in the active case RTE Students and Parents’ Association v State of Karnataka.

To the rest of us, let’s pass all public policies through the filter of this personal integrity test. If you had the same information and risk preference as any other citizen, would you approve of the policy in question?

If you would like to share your legislative preference, please consider signing this petition to bring this to the attention of the Karnataka Government and the Hon’ble Supreme Court of India.