SC: No child can be denied admission under RTE 25% quota

New Delhi: The Supreme Court on January 13 interpreted Section 12(1)(c) of the Right of Children to Free and Compulsory Education (RTE) Act, 2009, holding that state governments and local authorities are duty-bound to ensure that children from weaker and disadvantaged sections are not denied admission in neighbourhood schools.

The court said neighbourhood schools are also obligated to admit such students up to 25 per cent of the class strength, in line with the RTE Act read with Article 21A of the Constitution. The bench of Justice P S Narasimha and Justice A S Chandurkar issued multiple directions and kept the matter pending to monitor compliance. It also impleaded the National Commission for Protection of Child Rights and directed it to file an affidavit.

Section 12(1)(c) mandates private unaided schools and special category schools to provide free and compulsory education to at least 25 per cent children from disadvantaged groups and weaker sections admitted to Class I or pre-primary, with reimbursement at the per-child cost incurred by the government.

“The obligation… has the extraordinary capacity to transform the social structure of the society,” the bench said, adding that effective implementation can advance “equality of status”.

Justice Narasimha observed that ensuring such admissions “must be a national mission” and that courts “must walk the extra mile” to provide efficient relief to parents complaining of denial of rights.

The ruling came in a special leave petition challenging a December 20, 2016 Bombay High Court order, which had rejected a plea for admission under the 25 per cent quota after finding the petitioner had not applied for the quota during online admissions. The high court held the petitioner was at fault and warned granting relief would open similar claims.