Samagra Shiksha Funds Released To Kerala Despite Non-Implementation Of NEP: Centre Tells Supreme Court

The Union Government has told the Supreme Court that funds under the Samagra Shiksha scheme were released to Kerala even though the State has not implemented the National Education Policy, 2020. The Centre has stated that ₹99.27 crore was released for RTE entitlements for the financial year 2025–26 notwithstanding such non-implementation.

“It is pertinent to mention that for FY 2025-26 releases specifically towards RTE entitlements were made, amounting to Rs. 99.27 Crores, notwithstanding the State of Kerala's non-implementation of NEP, 2020”, the affidavit states.

The affidavit was filed by the Ministry of Education in a pending writ petition concerning implementation of the Right of Children to Free and Compulsory Education Act, 2009 and appointment of Special Educators for children with special needs.

Kerala has stated that regularisation of Special Educators would involve an additional financial burden of ₹358 crore per year and has pointed to financial constraints in meeting its obligations.

Responding to this, the Centre has clarified that under Section 2(a) of the RTE Act, the State Government is the “appropriate government” for schools within its territory, and as per Section 7(5), the State must arrange funds for implementation of the Act after taking into account central assistance as well as its own resources.

The affidavit states that financial support under Samagra Shiksha is only supplementary and does not replace the State's obligation.

“a plain reading of Chapter Il of the RTE Act leaves no room for doubt that the primary and non-delegable responsibility for implementation of the RTE Act, 2009, including provision of Special Educators for CwSN, rests squarely with the appropriate Government, which in the present case is the State of Kerala. The Central Government's financial support under Samagra Shiksha is supplementary and does not dilute or substitute the State's primary obligation”, the centre has said.

The Centre has argued that the State cannot attribute non-compliance with statutory obligations to non-release of central funds as recruitment, service conditions and salaries of teachers, including Special Educators, fall within the State's domain.

“education, being a concurrent subject, the responsibility of budgeting for the salaries of Special Educators and other staff recruited in State Government and Government-aided schools is that of the State Government. Regularising contractual Special Educators and making provisions for their salaries is unambiguously within the domain of the State Government. The State cannot attribute its compliance failures solely to the non-release of Central funds”, the affidavit states.

On the National Education Policy, the Centre has explained that NEP 2020 provides “considerable flexibility to States to adopt their own models while implementing various provisions of the policy” while still benefiting from infrastructure and resource allocation. The affidavit notes that the PM SHRI scheme is meant to showcase implementation of NEP through selected schools.

The affidavit states that State of Kerala signed a Memorandum of Understanding on October 23, 2025 for implementation of the PM SHRI scheme. It adds that the State sought postponement of the selection process on October 28, 2025 and later informed the Centre on November 12, 2025 that implementation was kept in abeyance pending a committee report. It further notes that when the PM SHRI portal was reopened on January 27, 2026, Kerala did not apply for selection of schools.

“It is respectfully submitted that the above actions of the State of Kerala reflects its reluctance to implement NEP, 2020”, the Centre contends.

The affidavit explains that Samagra Shiksha is a centrally sponsored scheme aligned with NEP 2020, with a 60:40 funding pattern between the Centre and the State. It adds that funds are released based on approved annual work plans and subject to compliance with scheme conditions.

Placing the funding data on record, the affidavit states that in 2020–21, ₹252.22 crore was approved and ₹238.39 crore released, while utilisation stood at ₹416.69 crore. In 2021–22, against the same approval of ₹252.22 crore, the Centre released ₹225.13 crore, with utilisation at ₹390.54 crore.

For 2022–23, approvals rose to ₹348.47 crore, but releases dropped to ₹178.16 crore, even as utilisation was ₹381.25 crore. In 2023–24, where ₹328.83 crore was approved and ₹141.66 crore released, while utilisation reached ₹431.15 crore.

As per the affidavit, in 2024–25, although ₹420.91 crore was approved, no central share was released as the State did not submit requisite documents, with utilisation at ₹254.54 crore. For 2025–26, ₹452.05 crore has been approved, with ₹99.27 crore released towards RTE entitlements, and utilisation certificates for 2024–25 and 2025–26 are stated to be pending.

The affidavit emphasises that while the Union provides financial support under Samagra Shiksha, the State of Kerala remains primarily responsible for implementing the RTE Act, including ensuring appointment of Special Educators and meeting prescribed pupil-teacher ratios.

The Centre has further submitted that financial support under Samagra Shiksha is extended on the basis of approved annual work plans and that release of funds is subject to fulfilment of eligibility conditions, utilisation of earlier instalments and compliance with scheme norms. The affidavit adds that funds are released only upon satisfaction of these requirements and in accordance with applicable guidelines.

It emphasises that the State of Kerala, as the “appropriate government” under the RTE Act, is primarily responsible for implementing the Act, including provision of Special Educators for children with special needs, and cannot treat central financial assistance as a pre-condition for discharging its statutory obligations.

Case no. – W.P.(C) No. 132/2016

Case Title – Rajneesh Kumar Pandey v. Union of India