English Vocab

Equity fused with right

The Right of Children to Free and Compulsory Education Act was enacted in 2009. The RTE Act uniquely creates an obligation for unaided private schools located within a range of one km from the house of an applicant to provide primary education until class 8 free of cost.

For the education provided, such unaided private school could seek reimbursement from the state. The RTE Act, 2009 endeavors to create an egalitarian (believing in or based on the principle that all people are equal and deserve equal rights and opportunities.) society promoting equality of opportunity and outcome to children from economically weaker section (EWS) and disadvantaged category (DG).

The recent judgment passed by the Hon’ble Allahabad High Court in Sudheer Kumar v. State of U.P. has universal appeal and ubiquitous (present, appearing, or found everywhere.) utility.

This judgment could set right what is wrong with the interpretation of the concept of ‘neighbourhood’ under the RTE Act, 2009 in India. The Allahabad High Court passed this order while hearing a petition of a manual labourer whose five year old son applied for admission in a prestigious private school in Allahabad, and was spurned(reject with disdain or contempt.).

The reason supplied by the school was that the applicant failed to comply with the neighbourhood criteria as laid down in the U.P. RTE Rules of 2011.

The concept of neighbourhood purports(appear to be or do something) to provide education to EWS and DG students in private unaided schools that fall within the range of one km from the house of a child. The rules drafted pursuant to RTE, 2009 in almost all the states endeavor to adopt this definition of neighbourhood. This has been done to promote the value of certainty and avoid any unsolicited (not asked for; given or done voluntarily.) chaos relating to admission.

In the absence of this rule, a child from any part of the district could have applied to any school, and this would have invested the school with an unfettered power to discriminate amongst the applicants in deciding the beneficiary.

This rule of one km guides the discretion(the freedom to decide what should be done in a particular situation.) of the schools and shackles(restrain; limit.) it by setting out geographical contours in providing admission to applications. The Allahabad High Court, in a detailed judgment, held that neighbourhood criteria cannot mutilate the pristine (not spoiled, corrupted, or polluted)purpose of the RTE Act, 2009 which endeavors to provide primary education to EWS and DG children in private unaided schools.

The judgment is unique in its ability to usher the jurisprudence on RTE Act, 2009 by equitably interpreting the neighbourhood criterion to grant relief to millions of children in the state. In Sudheer Kumar, the High Court made the distinction between those instances in which applications are more than the seats in a school and those in which seats are more than the applications.

The court majestically fused the principles of equity with right and gave it a tinge(a slight trace of a feeling or quality.) of altruism by spelling out that the concept of neighbourhood shall only apply in those cases where seats are less and students are more and not in those instances where seats are more than the students.

The court asserted that a subordinate law cannot subvert the principles ensconced in the enabling statute. This extraordinary interpretation echoes the spirit of 25 per cent in the RTE Act, 2009 and reinstates the hope of a weak parent in obtaining what is due to her – her rightful claim.

The use of ‘costs’ in imposing an obligation to provide for free senior secondary education is new to the jurisprudence of socio-economic rights.

Since the litigation led to wastage of an academic year of the child, the court imposed costs on the school, and directed it to provide additionally education from class 9 to class 12 for free. This moral invocation of cost imbued with elements reflecting importance associated with primary education, might check theimpishness (full of ill intentions) of private schools.

To conclude, this judicious interpretation may go a long way in informing the other states in interpreting the neighbourhood criteria in promoting values of equity and equality.

The healing ability of this judgment could downplay the role of destiny, and offer a fair chance to millions of children across India in leading a dignified life.

Courtesy: The Statesman (General Studies)

1. Egalitarian (adjective): (Believing in or based on the principle that all people are equal and deserve equal rights and opportunities.)  (समानाधिकारवादी)

Synonyms: Equitable, Even-Handed, Unbiased, Impartial.

Antonyms: Unfair, Discriminating, Favoring, Prejudiced.

Example: An egalitarian justice system sentences rich and poor people equally.

Related words:

Egalitarianism (noun) - समतावाद

2. Spurn (verb): (Reject with disdain or contempt.)  (अस्वीकार करना/तिरस्कार करना)

Synonyms: Refuse, Decline, Reject, Rebuff, Turn Down, Repudiate.

Antonyms: Accept, Admire, Allow, Approve, Embrace.

Example: The political tension in the Country was heightened as the leaders spurned all overtures to peace.

Verb forms: Spurn, Spurned, Spurned.

Origin: Latin spernere ‘to scorn’

3. Unsolicited (adjective): (Not asked for; given or done voluntarily.)  (अप्रार्थित/अयाचित)

Synonyms: Uninvited, Voluntary, Free-Willed, Gratuitous. 

Antonyms: Asked, Invited, Requested, Solicited.

Example: The new mother wished she could stop family members from giving unsolicited advice on how to care for her baby.

Verb forms: Solicit, Solicited, Solicited.

Related words:

Solicit (verb) - Ask for or try to obtain (something) from someone.

4. Ubiquitous (adjective): (Present, appearing, or found everywhere.) (सर्वत्रव्यापी/सर्वगत)

Synonyms: Omnipresent, Everywhere, All-Over, Pervasive

Antonyms: Rare, Scarce, Hardly Found.

Example: People believe that god is ubiquitous.

Related words:

Ubiquitously (adverb) - सर्वव्यापी ढंग से

Origin: From Latin ubique ‘everywhere’

5. Discretion (noun): (The freedom to decide what should be done in a particular situation/ The trait of judging wisely and objectively) (विवेक)

Synonyms: Discreetness, Common Sense, Gumption, Prudence, Sensibleness, Wariness.

Antonyms: Imprudence, Indiscretion

Example: The principal should have discretion in the hiring of teachers.

Related words:

Discreet (adjective) – बुद्धिमान

6. Shackle (verb): (Restrain; limit.)  (रोकना/बांधना)

Synonyms: Restrain, Restrict, Limit, Constrain; Hamper, Hinder, Impede, Obstruct, Hamstring.

Antonyms: Aid, Assist, Allow, Promote, Expedite. 

Example: My lack of funds is the shackle that prevents me from travelling.

Verb forms: Shackle, Shackled, Shackled.

Related words:

Shackle (noun) - Anything that hinders an individual from doing what he or she wants to do

7. Pristine (adjective): (In its original condition /not spoiled, corrupted, or polluted) (अपरिवर्तित/दोष-रहित)

Synonyms: Spotless. Uncorrupt, Undebased, Immaculate.

Antonyms: Affected, Dirty, Spoiled.

Example: Because the killer left the murder scene in pristine condition, the detectives could not find any clues to his identity.

Origin: From Latin pristinus

8. Tinge (noun): (A slight trace of a feeling or quality.) (आभा/रंगत)

Synonyms: Scintilla, Impression, Savour, Flavor.

Example: Because I was going to miss my family, I felt a tinge of sadness as I drove to college.

Verb forms: Tinge, Tinged, Tinged.

Related words:

Tinge (verb) -  Permeate or imbue slightly with a feeling or quality.

Origin: From Latin tingere ‘to dip or colour’

9. Impish (adjective):  (Of an action or statement) causing or intended to cause harm or trouble.) (हानिकर/नुकसान पहुंचाने वाला)

Synonyms: Malicious, Malevolent, Spiteful, Bitter, Evil-Intentioned, Ill-Natured, Baleful.

Antonyms: Good, Moral, Behaved, Unmischievous.

Example: The police warned us not to engage in any kind of impish behavior on the boardwalk.

Related words:

Impishness (noun) - (full of ill intentions)

10. Purport  (verb): (Appear to be or do something) (अभिप्राय होना/अर्थ रखना)

Synonyms: Implicate, Intent, Lay Claim, Object.

Antonyms: Be Meaningless

Example: Although the con man never went to college, he did purport he was a Harvard graduate when interacting with society’s elite.

Verb forms: Purport, Purported, Purported

Related words:

Purport (noun) - The purpose or intention of something.

Origin: From Latin pro- ‘forth’ + portare ‘carry, bear’.