Supreme Court Issues Directions To Effectively Implement 25% RTE Quota In Pvt Schools, Directs States To Frame Rules

The Supreme Court issued a slew of directions for the effective implementation of Section 12(1)(c) of the Right to Free and Compulsory Education Act, 2009 (RTE Act), which mandates that private unaided schools must admit 25% of their strength from students belonging to economically weaker sections for free education.

The Court observed that the concept of "neighbourhood schools" are envisaged to break barriers of class, caste and gender.

A bench comprising Justice PS Narasimha and Justice AS Chandurkar pronounced the judgment, underscoring that the effective implementation of Section 12 of the RTE Act can truly be transformative.

"The obligation of a “neighbourhood school” to admit children belonging to weaker and disadvantaged sections of our society, to the extent of twenty- five percent of the class strength, under Section 12 of the Right of Children to Free and Compulsory Education Act, 20091 has the extraordinary capacity to transform the social structure of our society. Earnest implementation can truly be transformative. It is not only a step towards educating young India, but also a substantive measure in securing the preambular objective of 'equality of status'," the judgment authored by Justice Narasimha observed.

It impleaded the National Commission for Protection of Child Rights (NCPCR) as Section 31 of the RTE Act allows the NCPCR to monitor the implementation of the RTE Act. The NCPCR already has a Standard of Procedure (SoP) in this regard.

States directed to frame rules

However, the Court noted that there is a requirement for subordinate legislation in this field and therefore directed the appropriate authorities to prepare and issue, in consultation with the NCPCR and the State Commission for Protection of Child Rights, as well as the National and State Advisory Council, necessary rules and regulations under Section 38 of the RTE Act.

"Uncertainty about the obligation to comply with the requirements would also make judicial review complicated. We are of the opinion that it is necessary and compelling to formulate subordinate legislation by issuing necessary rules and regulations, prescribing the method and manner by which children of weaker and disadvantaged sections are to be admitted in neighbourhood schools. Without such enforceable rules and regulations, the object of Article 21A and the statutory policy under Section 12(1)(c) would be a dead letter."

The NCPCR is required to collate information about the issuance of rules and regulations by the appropriate governments and file affidavit before March 31.

The Court also considered the directions which are joint suggestions made by the amicus curiae Senior Advocate Senthil Jagadeeshan and Additional Solicitor General Aishwarya Bhati in this matter.

Issues and suggestions

(i) Implementation of Section 12 by the States/UTs and providing online portal for admission: Presently, all States and Union Territories have neither implemented the mandate of Section 12, nor established a portal dedicated to ensuring a transparent admission process.

(ii) Language: It is suggested that all States and Union Territories should provide information in at least three languages – two being the official languages (Hindi and English) and the third being the local language of the area concerned.

(iii) Information and assistance: Information regarding the admission process has to be made available to parents and guardians.

(iv) Transparency: Schools should be directed to publish the number of available seats for children belonging to disadvantages groups and weaker sections much in advance and before the application stage commences.

(v) Establishment of help-desks and pro-active assistance during the application stage: Either the designated school staff, the District Education Officer, the Block Officer, the Block Committee Office or the Jan Sewa Kendras must set up help-desks to assist parents for completing the application process.

(vi) Window for clearance of defects: Instead of simpliciter rejection of a defective application, a defect clearance window should be established with an assistant to clear mistakes.

(vii) Complaints: A redressal mechanism for complaints by parents/guardians should be set up and the grievances must be resolved within strict timelines.

(viii) Transparency in denial of admissions: Denial of admissions should be recorded and uploaded with reasons and the same should be reviewed by the Block Education Officer within 72 hours.

(ix) Training: Training must be imparted to prevent discrimination of children belonging to disadvantaged groups and weaker sections.

The NCPCR's SoP is divided into three stages: preparatory; proceeding application, selection and admission; and procedure after completion of admission.

First stage:

(i) Finalization of seats: The schools should be given 20 working days to submit the requisite data of the declared strength for purpose of Section 12(1)(c).

(ii) Advertisement: Appropriate Government and local authority should advertise the schedule of admission under Section 12(1)(c) in print and electronic media as well as locally used medium of broadcasting/publicising important announcements, especially in rural areas. This shall contain all the essential information regarding the admission process.

(iii) Schedule of admission: A calendar for admission under Section 12(1)(c) shall be scheduled in such a manner that the admission process is completed before beginning of admission of children under DG/EWS category. This is to be done at least two months from the commencement of the next academic year.

(iv) Centralized online system: The appropriate Government shall develop centralized online portal for admission under Section 12(1)(c). The joint suggestions recognize the existence of digital illiteracy and have suggested that the process must be accessible with the aid of help-desks etc., to bridge the gap of digital divide.

(v) Criteria: for determining children belonging to disadvantaged groups and weaker sections must have clarity and simplicity.

(vi) Documents: The requirement of documents necessary for processing the application for admission must be clearly mentioned.

(vii) Information about the school: It is necessary to ensure that the school is fully prepared and ready to undertake the process of admission effectively and efficiently. Public awareness in the local area about the admission process is necessary. The school as well as local authority have an obligation to disseminate this information.

(viii) Dispute settlement: Dispute Settlements Committees must be set up and their availability must be made known.

Second stage

(i) Help-desks: The local authority, respective neighbourhood schools and non-governmental organisations shall set up help-desks for free of cost facilitation of parents/guardian in filling the form on the online portal and other connected steps. For this purpose, assistance under the Common Service Centres Scheme shall also be made readily available.

(ii) Selection criteria: The criteria employed for giving preference to one applicant over the another and the process of draw of lots shall be laid out in simple and clear terms, and it must be widely published.

(iii) Scrutiny of applications: Scrutiny of applications shall be carried out by zonal/local teams, as directed to be constituted as per SOP notified by the GNCTD of Delhi dated 02.01.2025, instead of private unaided recognized schools.

(iv) Window for correction of defects: No application shall be summarily rejected on the ground of deficiency of required documents without first giving an opportunity for correction. For this purpose, a set timeline and procedure for providing window of correction shall be prescribed, taking specific guidance from the NCPCR's SOP in this regard.

(v) Dispute resolution: Easy and effective mechanism for dispute resolution under Section 32 or by the Dispute Settlement Committee must be formulated.

Last stage

(i) Speaking order: The outcome of selection must be published through a speaking order.

(ii) Admission process: The online portal shall notify school-wise list of children selected. An updated record of the children taking admission must be maintained.

(iii) Initiation of inquiry: The authorities must monitor and keep a constant watch. In case there is a trend noticed with respect to reserved seats going vacant in a specific school, the causes must be enquired into.

(iv) Post-admission: The basic essentials for effective inclusion post admission must be undertaken.

(v) Reimbursement: Per-Child Expenditure reimbursement must be done without delay.

(vi) Finality of selection: The admitted children shall not be subjected to any further scrutiny by the respective schools.

However, the Court highlighted that it is necessary to have subordinate legislation as these guidelines do not partake the character of enforceable rules, violation of which would render the duty bearers answerable to the reviewing authority.