Karnataka High Court Stays Circular Extending RTE Quota Benefits To Scheduled Caste, Scheduled Tribe Students For Classes 9 & 10
The Karnataka High Court last week stayed the operation of a state government circular that sought to extend Right to Education (RTE) quota benefits to Scheduled Caste and Scheduled Tribe (SC & ST) students for Classes 9 and 10.
The single judge bench of Justice Ashok S. Kinagi passed the interim order staying the execution and operation of the circular dated May 21, 2026, till the next date of hearing.
“…Learned Government Advocate accepts notice for respondent Nos.1 and 2.Heard and perused the records. The matter requires consideration. There shall be stay of execution and operation of Annexure-A, till the next date of hearing”, the ocurt noted in the order before listing the matter for further hearing on July 3.
The Court was hearing a writ petition filed by the Associated Management of Government Recognised English Medium Schools in Karnataka (KAMS) along with four other associations of private schools, who has now challenged the legality of circular issued by the Commissioner for Public Instruction.
The circular dated May 21, 2026, had directed all schools in the State to "promote the Scheduled Caste and Scheduled Tribe students who have taken admission under RTE and studied in class 08 in the year 2025-26 to the same schools under RTE 12(1)(c) for the current year 2026-27 to class 9 and the next year to class 10".
The directive further mandated that any fees already collected from such students for Class 9 admission be refunded by District Deputy Directors (Administration) taking initiative for the same. Moreover, prior issuance of Transfer Certificates for some other reason would not halt the prospects of their readmission, the circular stated.
The circular was issued following an announcement made by Former CM Siddaramaiah in the State Budget on March 6, 2026.
According to the petitioners, Section 3 of the RTE Act, 2009, limits free and compulsory education to children in the age group of 6 to 14 years, which would entail only education from Class I to VIII.
Section 12(1)(c) [mandating private unaided schools reserve 25% of their entry-level seats for children from Economically Weaker Sections and Disadvantaged Groups] does not envisage providing its benefits to students in Class IX and X, argued the schools. The petitioners, therefore, argued that extending RTE benefits beyond Class VIII without amending the RTE Act, 2009 would be ultra vires the statute.
Case Title: Associated Management of Government Recognised English Medium Schools in Karnataka (KAMS) & Ors. v. State of Karnataka & Anr.
Case No: WP 17231/2026