RTE Act Mandate On Reservation Of Private School Seats For Poor Students Enforced? Supreme Court Asks States, UTs

The Supreme Court recently asked ten States and three Union Territories to show whether they have implemented Section 12(1)(c) of the Right of Children to Free and Compulsory Education(RTE) Act, 2009. On the failure to show the faithful implementation of Section 12(1)(c), the Court will be compelled to summon the Principal Secretaries of the Education Department of the said States/UTs.

The present petition was filed in 2023 by one Md Imran Ahmad seeking the implementation of the said provision. Section 12(1)(c) requires non-minority private unaided schools to reserve at least 25% of their entry-level seats to children belonging to disadvantaged sections of the society.

A bench comprising Justice Vikram Nath, Justice Sandeep Mehta, and Justice Vijay Bishnoi has been hearing the matter. In a recent hearing on May 7, Senior Advocate Salman Khurshid(for the petitioner) placed a chart of all States and UTs that have failed to implement Section 12(1)(c).

As per the chart, there are five categories of States and UTs:

1. States/UTs have refused to implement Section 12(1)(c): Punjab, West Bengal and Puducherry

2. States/UTs which have framed Rules to bypass Section 12(1)(c): Kerala, Mizoram, Sikkim and Punjab

3. States/UTs that are silent/have not framed Rules to implement Section 12(1)(c): Arunachal Pradesh, Ladakh and Jammu & Kashmir

4. States/UTs that have partially implemented the section: Andaman & Nicobar, and Meghalaya

5. States/UTs that have claimed to have enforced the Section, but have not submitted any proof: Goa and Nagaland

The bench has granted all these States and UTs four weeks to obtain instructions and file appropriate affidavits regarding the true and faithful implementation of the Section. It said: "failing which the Court will be compelled to summon the Principal Secretaries of the Education Department of the said States/UTs."

For UTs of Ladakh, J&K, Andaman and Nicobar Islands, and States of Mizoram and Sikkim who were not represented by any counsel, the Court had asked the Registry to forward the order to the Chief Secretaries and to the Standing Counsels within a week. It had sought the above directions to be fully complied by them as well.

It may be recalled that he had earlier filed a similar petition in which he sought enforcement of Section 12(1)(c) for the benefit of minority students. But the Court said the application of this provision should not be limited to only minority communities.

Case Details: MD IMRAN AHMAD v. UNION OF INDIA & ORS.|WRIT PETITION (CIVIL) NO. 141/2023

Click Here To Read Order

Appearances: For Petitioner(s) :Mr. Salman Khurshid, Sr. Adv. Mr. Ayush Negi, AOR Ms. Lubna Naaz, Adv. Ms. Sonika Choudhary, Adv. Ms. Aarushi Gupta, Adv. Mr. Abhishek Singh Bhandari, Adv

For Respondent(s) :Mr. Gurmeet Singh Makker, AOR Mr. Vikramjit Banerjee, A.S.G. Mr. Siddharth V.thakur, Adv. Mr. Siddhartha Sinha, Adv. Mr. Saurabh Pandey, Adv. Mr. Vatsal Joshi, Adv. Mr. Gaurang Bhushan, Adv. Mr. Umesh Babu Chourasia, Adv. Ms. Madhulika Upadhyay, AOR Ms. Disha Singh, AOR Ms. Eliza Bar, Adv. Ms.  Akansha, Adv. Ms. Anjali Saxena, Adv. Ms. Shikha Sarin , AORMs. Har Karam Jot Kaur, Adv. Mr. Gaurav Rohilla, Adv.

Mr. Nishe Rajen Shonker, AOR Mrs. Anu K Joy, Adv. Mr. Alim Anvar, Adv. Mr. Santhosh K, Adv. Mrs. Devika A.l., Adv. Mr. Praveen Chaudhary, Adv. Mr. Pradeep Kumar Chaudhary, Adv. Mr. Pukhrambam Ramesh Kumar, AOR Mr. Karun Shamra, Adv. Ms. Anupama Ngangom, Adv. Ms. Rajkumari Divyasana, Adv. Mr. Avijit Mani Tripathi, AOR Mr. T.K. Nayak, Adv. Mr. Z H Isaac Haiding, Adv. Ms. Marbiang Khongwir, Adv. Mr. Upendra Mishra, Adv. Mr. P.S. Negi, Adv

Mr. Siddhesh Shirish Kotwal, AOR (N/P) Ms. K. Enatoli Sema, AOR Mr. Amit Kumar Singh, Adv. Ms. Chubalemla Chang, Adv. Mr. Prang Newmai, Adv. Ms. Yanmi Phazang, Adv. Mohd. Irshad, A.A.G. Ms. Baani Khanna, AOR Mr. Robin Singh, Adv. Mr. Kapil Balwani, Adv. Ms. Komal Thakkar, Adv. Mr. Sameer Abhyankar, AOR (N/P) Ms. Devina Sehgal, AOR Mr. Yatharth Kansal, Adv. Mr. Kunal Mimani, AOR

Mr. Pashupathi Nath Razdan, AOR (N/P) Mr. Aravindh S., AOR Ms. Anika Bansal, Adv. Mr. S.santhosh, Adv. Ms. T. Geetha, Adv. Mr. Shreekant Neelappa Terdal, AOR (N/P)