RTE Act | Telangana HC Asks State To Show Compliance Of 25% Quota For Weaker Section Students In Private Schools For 2025-26 Session

The Telangana High Court has directed the state's Education Department to file an affidavit, showing that it is complying with Right to Education Act and providing mandatory 25% reservation for students belonging to disadvantaged and weaker sections in private unaided schools and special category schools for 2025-2026 academic year. 

For context, Section 12(1)(c) of the Right to Education Act mandates that a school–specified in sub-clauses (iii) and (iv) of Section 2(n) i.e., those belonging to specified category and an unaided school–shall admit in class I, to the extent of at least twenty-five per cent of the strength of that class, children belonging to weaker section and disadvantaged group in the neighbourhood and provide free and compulsory elementary education till its completion. The section applies to special category schools and private unaided schools. 

A division bench of  Acting Chief Justice Sujoy Paul and Justice Renuka Yara passed the order after the amicus curiae in the matter argued that although the State promises to implement the provisions of the Act, and has issued a memo in 2024 the said memo has not been translated into reality.

The court in its order said, “Learned Amicus Curiae raised serious doubts whether in this academic year 2025- 26, this decision can be translated into reality. Faced with this, learned Special Government Pleader prays for and granted time to file affidavit of an Officer of Education Department at the level of Principal Secretary/Director which shall indicate-i) what steps have been taken to implement the memo of Government of Telangana dated 19.10.2024 till date and ii) as agreed, an undertaking that the memo dated 19.10.2024 shall be implemented in letter and spirit in this academic year 2025-26. Such affidavit must be filed on or before 21.04.2025.”

Previously, when the matter was taken up, the amicus curiae relying on the Supreme Court judgements rendered by a three-judge bench in Society for Unaided Private Schools of Rajasthan v. Union of India and another, and a constitution bench in Pramati Educational and Cultural Trust (Registered) and others v. Union of India and others had argued that section 12(1)(c) was upheld by a Constitutional Bench of the the Supreme Court and thus has to be implemented.

The Special Government Pleader, S. Rahul Reddy on the other hand argued that the State was already in the process of implementing the said provision and relied on a memo dated October 19, 2024.

The memo states that, "Government have Issued orders to implement the provision of 25% of reservation of seats for admission to Class I in Private Unaided schools for Disadvantaged groups and weaker sections in the State...In compliance to the orders dt. 28.08.2024, issued by the Hon'ble High Court in W.P. (PIL) No. 38/2020, it is decided to iniplement the Section 12 (1) (c) of RTE Act, 2009 in the State from the Academic year 2025- 2026 duly considering the SOP 2020- 2021 suggested by National Commission for Protection of Child Rights, New Delhi". 

“A plain reading of the aforesaid memo and contentions of both sides makes it clear that there is no cavil of doubt that the State of Telangana has already decided to implement Section 12(1) (c) of the RTE Act in the State for the academic year 2025-26,” the Bench noted.

However, owing to the importance of the matter, the Bench thought it appropriate that a senior officer of the Education Department in the rank of Principal Secretary/Director, file an affidavit showing compliance with the Memo issued in October, 2024.

Thus, the matter has been adjourned to April 22.

Case title: Thandava Yogesh vs. State of Telangana 

Counsel for petitioner: N. Mansa

Amicus Curiae: Senior Counsel, Sunil B. Ganu

Counsel for State: Special Government Pleader, S. Rahul Reddy.

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