Supreme Court Mandates Strict RTE Quota in Private Schools | Quick Digest

Supreme Court Mandates Strict RTE Quota in Private Schools | Quick Digest
India's Supreme Court has directed state governments and local authorities to strictly ensure the admission of economically weaker and disadvantaged students to 25% reserved seats in private schools under the Right to Education (RTE) Act. The Court emphasized that this is a national mission for social equality.

Supreme Court mandates 25% RTE quota implementation in private schools.

States directed to frame binding rules for RTE Act Section 12(1)(c).

Ensuring poor students' admission is a 'national mission'.

Judgement aims to foster social equality in education.

NCPCR impleaded to monitor effective implementation of the RTE Act.

Procedural lapses should not deny fundamental right to education.

The Supreme Court of India has issued significant directives to ensure the effective implementation of Section 12(1)(c) of the Right to Free and Compulsory Education (RTE) Act, 2009. This provision mandates that private unaided schools must reserve 25% of their entry-level seats for children from economically weaker sections and disadvantaged groups, providing them with free education. A bench comprising Justice PS Narasimha and Justice AS Chandurkar underscored that the obligation to admit these students is a 'national mission' and a duty of both state governments and local authorities. The Court highlighted the transformative potential of this mandate in fostering social equality, envisioning a common schooling experience where children from all socio-economic backgrounds learn together. Justice Narasimha emphasized that the constitutional right to education under Article 21A, along with the RTE Act's statutory mandate, can only be realized through diligent implementation. A crucial part of the ruling directs States and Union Territories to formulate and issue enforceable rules under Section 38 of the RTE Act. This is to rectify the current situation where Standard Operating Procedures (SOPs) often used for implementation lack legal binding force, leading to inconsistencies and gaps. The National Commission for Protection of Child Rights (NCPCR) has been impleaded in the matter, tasking it with monitoring compliance. Furthermore, the Court, in hearing the 'Dinesh Biwaji Ashtikar vs. State of Maharashtra' case, stressed that procedural lapses by parents or authorities should not impede a child's fundamental right to education. This landmark judgment aims to strengthen the framework for inclusive education and ensure that the spirit of the RTE Act is genuinely reflected in practice across the country.
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