RTE Act | School Cannot Delay Admission To State-Allotted Student Raising Dispute On Eligibility : Supreme Court
The Supreme Court has held that private “neighbourhood schools” must grant immediate admission to students allotted by the State under the Right to Education Act, 2009, and cannot refuse admission on the ground that any dispute regarding the student's eligibility is pending.
The Court clarified that even if a school has doubts about a student's eligibility, it may approach authorities for clarification, but cannot withhold admission in the meantime.
“…we find that for schools like the petitioner that may have some disagreement with the selection by the Government, can make representation to the concerned authority, but they ought not wait for the outcome of such a representation and are mandated to grant admission to the student whose name finds mention in list forwarded to the school in the interregnum. This immediacy is essential to actualise the promise of Article 21A of the Indian Constitution.”, observed a bench of Justice Pamidighantam Sri Narasimha and Justice Alok Aradhe.
The case arose after a student, selected and allotted to the petitioner school by the Uttar Pradesh Basic Education Department, was denied admission on the ground of “uncertainty” regarding eligibility.
Upholding the Allahabad High Court's view, the Court made it clear that once the State completes the selection process and forwards the list, the school has no discretion to refuse or delay admission.
“… schools cannot sit in appeal over a decision taken by the State Government.”, the Court endorsed the High Court's decision, pointing out that Schools, including the 'neighbourhood schools' are legally bound to follow the admission process prescribed by the State to provide 25% reservation for children from weaker and disadvantaged groups.
“The obligation of a “neighbourhood school” to admit children belonging to weaker and disadvantaged sections of our society, to the extent of twenty-five percent of the class strength, under Section 12 of the RTE Act, 2009 has the extraordinary capacity to transform the social structure of our society. Earnest implementation can truly be transformative. It is not only a step towards educating young India, but also a substantive measure in securing the preambular objective of 'equality of status'… Ensuring admission of such students must be a national mission and an obligation of the appropriate government and the local authority. Equally, Courts, be it constitutional or civil, must walk that extra mile to provide easy access and efficient relief to parents who complain of denial of the right.”, the court observed.
“The mandate under Section 12 of the Act must be enforced with conviction and commitment. We have to ensure admission of at least twenty-five percent of class strength in unaided schools with children of weaker and disadvantaged groups. This is certainly a national mission. Effective implementation of the statutory policy will be transformative and, in this regard, each one of us, be it the institution or an individual, be it the Central or the State Governments, Advisory Councils or Commissions are duty bearers. The most important role is of the neighbourhood schools. In this mission, the judiciary also bears the burden to ensure that the process of admission is easily accessible, effective and efficient. Court must also ensure that judicial remedies against inaction or inefficiency are redressed effectively and expeditiously.”, the court added.
Accordingly, the appeal was dismissed.
Cause Title: LUCKNOW PUBLIC SCHOOL, ELDICO AND ANR. VERSUS THE STATE OF UTTAR PRADESH & ORS.
Citation : 2026 LiveLaw (SC) 430
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Appearance:
For Petitioner(s) : Mr. Vivek Singh, AOR Ms. Saumya Sarasawat, Adv.
For Respondent(s) : None