The Allahabad High Court has clarified that private schools in Uttar Pradesh affiliated with the CBSE or CISCE are not exempt from the mandate of the RTE Act 2009, which makes education a fundamental right for every child aged 6 to 14 years under Article 21A of the Indian Constitution.

The Court directed the State Government to furnish five-year, school-wise data on RTE admissions, including details of children whose admissions were declined or not effected and complaints alleging capitation fee or prohibited screening procedures.

A Bench of Justice Vinod Diwakar passed the directions while hearing a writ petition concerning St. John S School, Babhanauti, Pachwal.

In its order passed on August 25, the Bench observed that a larger issue had emerged concerning the “opportunities available for the education of children belonging to economically weaker sections and socially disadvantaged groups”.

The Court called upon the State Government to file a comprehensive affidavit on the applicability of the Right of Children to Free and Compulsory Education Act (RTE Act), 2009, and the State Government's resolve to secure quality education for children from economically weaker sections and socially disadvantaged groups.

The Court identified the issue as concerning the enforcement of the right of every child to free and compulsory elementary education in an unaided private school not receiving any aid or grant from the appropriate Government or local authority.

In particular, the Court referred to the obligation to admit in Class I children belonging to weaker sections and disadvantaged groups, including children with disabilities, from the neighbourhood and to provide them free and compulsory elementary education till its completion.

The Court noted that it had been brought to its notice that certain private educational institutions recognized by the State Government were 'reluctant' to admit children and to forgo the fees and other charges ordinarily levied by them.

Importantly, however, the Court clarified that it was not expressing any opinion on the correctness of this allegation at this stage. It said the affidavit being called for would enable the position to be ascertained.

The Court specifically considered the cases of private schools affiliated with the Central Board of Secondary Education (CBSE), Council for the Indian School Certificate Examinations (CISCE) and other Boards.

It noted that such schools require a No Objection Certificate (NOC) from the State Government for establishment and functioning within Uttar Pradesh and for affiliation with the concerned Board.

In view of this, the Court observed thus:

"It follows that a school affiliated to the CBSE or the CISCE and imparting elementary education within the State is subject to the obligations imposed by the State Government in the same measure as any other school, and its affiliation to a Board other than the State Board affords it no exemption therefrom".

Thus, in effect, the Court has clarified that CBSE or CISCE affiliation does not, by itself, exempt an elementary school in Uttar Pradesh from applicable State obligations.

The Court directed the State to file a district-wise list of all private primary schools, aided as well as unaided, established and functioning within the State, irrespective of the Board to which they are affiliated.

Information on basic schools is to be collated through the Basic Shiksha Adhikari, while information on High Schools and Intermediate Colleges is to be collated through the District Inspector of Schools.

The State has also been directed to furnish the number of students enrolled in each school, separately for:

• Junior Basic School stage;
• Junior High School stage;
• High School stage; and
• Intermediate stage.

More significantly, the Court has sought school-wise information for each of the last five academic sessions in respect of all private schools, aided and unaided, irrespective of their affiliation. The State must provide:

1. The number of children actually admitted;
2. The number of children allotted to a school by the competent authority whose admission was declined or not effected, along with the reasons recorded, if any;
3. The number of complaints alleging charging of capitation fee or adoption of a screening procedure contrary to the State's education policy, and the action taken on those complaints.

The Court directed schools affiliated to CBSE, CISCE and other Boards to cooperate with the Basic Shiksha Adhikari and District Inspector of Schools in furnishing the information sought.

At the same time, the Court made clear that the information was being sought “to enable this Court to obtain a complete picture” and that it had expressed no opinion on the conduct of any school.

It further clarified that nothing in the order would be acted upon to the prejudice of any institution save after notice and in accordance with law.

The Registrar (Compliance) has been directed to transmit the order to the Principal Secretary, Basic Education, Government of Uttar Pradesh; Director of Education (Basic); and Director of Education (Secondary) for compliance.

A copy of the order has also been directed to be sent to the CBSE and CISCE for reference and necessary compliance. The matter has been listed for September 15, 2026.

Case Title: St. John S School, Babhanauti, Pachwal vs. State Of U.P. And 2 Others 2026 LiveLaw (AB) 625

Case Citation: 2026 LiveLaw (AB) 625

Click Here To Read/Download Order