Madras High Court Issues Notice On Plea Seeking 'Income Ceiling' For Disadvantaged Group Students Under Right To Education Act

When the plea came up for hearing before the bench, Chief Justice SA Dharmadhikari and Justice G Arul Murugan, the bench issued notice to the Secretary, School Education Department and the Directorate of Private Schools.

It may be noted that under the RTE Act, schools are obliged to admit to at least 25% of the seats, students belonging to weaker sections and disadvantaged groups in the neighbourhood and provide free and compulsory elementary education till its completion.

As per the Act, a child belonging to a disadvantaged group means a child with disability or a child belonging to the Scheduled Caste and the Scheduled Tribe, the socially and educationally backward class or such other group having disadvantage owing to social, cultural, economic, geographical, linguistic, gender or such other factor, as may be specified by the appropriate Government, by notification.

The petition, filed by Eswaran, states that while there is an income ceiling for children from weaker sections (Rs 2 Lakh in Tamil Nadu), no such income ceiling was introduced for children from disadvantaged sections.

The petitioner submitted that since the Government is providing funds to the students who are allotted seats under the RTE Act, these funds should be given to the poor and needy students. He added that in the absence of such an income ceiling, there was a high possibility that the wealthy individuals, solely on the basis of caste, may avail themselves of government funds.

The petitioner submitted that states such as Maharashtra and Andhra Pradesh have already introduced the income ceiling under the RTE Act. He submitted that though he had given representation to the authorities to implement the income ceiling, no action had been taken, making him approach the High Court.

He thus sought direction to the authorities to implement the income ceiling under the RTE Act by considering his representation.

Case Title: V Eswaran v Government of Tamil Nadu and Another

Case No: WP 20554 of 2026