Full Judgment Text
2026 INSC 56
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (CIVIL) NO. 10105 OF 2017
DINESH BIWAJI ASHTIKAR …PETITIONER(S)
Versus
STATE OF MAHARASHTRA & ORS. …RESPONDENT(S)
J U D G M E N T
1. 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
1
to Free and Compulsory Education Act, 2009 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 constitutional declaration of the right under Article
21A, followed by the statutory mandate under Section 3 of the Act for free
Signature Not Verified
Digitally signed by
Jayant Kumar Arora
Date: 2026.01.13
17:24:04 IST
Reason:
1
Hereinafter referred to as the Act.
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and compulsory elementary education can be realised only with effective
implementation of the provisions of the Act. We have held that ensuring
admission of such students must be a national mission and an obligation of
the appropriate government and the local authority. Equally, Courts, be it
constitutional or civil, must walk that extra mile to provide easy access and
efficient relief to parents who complain of denial of the right.
2. We need not refer to the detailed facts of the case as by the time our
attention was drawn to this special leave petition, the time within which
effective relief could be granted to the petitioner had long passed. The
petitioner had approached a ‘neighbourhood school’ for admitting his
children for free and compulsory elementary education way back in 2016. It
is his case that, even though information through RTI indicated that seats
were available, the neighbourhood school did not respond. Therefore, he
was compelled to approach the High Court by filing a writ petition under
Article 226 of the Constitution. However, by the order impugned before us,
the High Court turned back the petitioner on the ground that, “ the petitioner
had failed to take up appropriate steps to admit his kids in the free education
quota, the petitioner must blame himself .” The “appropriate steps” that the
High Court was referring to pertained to the alleged failure to apply as per
the online procedure for filling up the twenty-five percent seats for children
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of weaker and disadvantaged sections. This is despite the fact that the
primary education officer of the Zila Parishad, Gondia had addressed a letter
to the Deputy Education Officer to admit petitioner’s children, though online
procedure had not been followed, as his house is within 3 kms of the
neighbourhood school and also that he comes from a very poor family.
Further, the petitioner had also placed before the authorities RTI information
that 648 seats are still lying vacant.
3. Unfortunately, the Special Leave Petition against the High Court’s
order has been pending in this Court for a long time without appropriate
orders and many years have passed by. The standard submission that we
hear at the Bar, when such unfortunate cases are called for hearing is that–
“ the matter has become infructuous ”. Sadly, this is true for the purpose of
decision making on the facts of this case. However, in order to ensure that
this situation shall not revisit parents like the petitioner again and again, we
considered it appropriate to take up the case for precedent making and
decided to examine the efficiency and effectiveness of the procedures for
complying with the mandate of Section 12. We, therefore, appointed Shri
Senthil Jagadeesan, learned senior counsel, as the amicus curiae to assist
the Court.
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4. The learned amicus curiae has brought to our notice the inaccessibility
of twenty-five percent of class strength in a neighbourhood school to children
belonging to weaker and disadvantaged groups under Section 12 for
multifarious reasons. He would submit that the online application process to
access the Right under Section 12 ignores the prevalent digital illiteracy .
Apart from that, he also highlighted the language barrier and lack of help-
desks to assist the parents/guardians. In addition to this, lack of information
about the availability of seats, absence of transparency in the admission
process and uncertainty about the forums for redressal of grievances are
some of the issues highlighted by the learned amicus curiae. Before we deal
with the text of Section 12, which we will in due course, it is also necessary
to examine the context in which it is located in the scheme of the Act and the
constitutional mandate.
A True Understanding of the Fundamental Right to Education.
5. Article 21A declares the fundamental right to free and compulsory
education of all children of the age of 6 to 14 years.
“ Article 21A. Right to Education – The State shall provide free and
compulsory education to all children of the age of six to fourteen years
in such manner as the State may, by law, determine.”
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The obligation that the, “ State shall provide free and compulsory education
in such manner as maybe determined by law” , translates into the 2009
legislation, the Right of Children to Free and Compulsory Education Act.
“ Section 3. Right of child to free and compulsory education –
(1) Every child of the age of six to fourteen years, including a child
referred to in clause (d) or clause (e) of section 2, shall have the right
to free and compulsory education in a neighbourhood school till the
completion of his or her elementary education.”
6. It is important to recognize that the Constitution declares elementary
education as a fundamental right, as against many other liberties, which are
in the nature of fundamental freedoms. The consequence of identifying the
right to elementary education as a positive right is the recognition of co-
relative duties and identification of five duty bearers , being (i) the appropriate
government, (ii) the local authority, (iii) the neighbourhood schools, (iv) the
parents/guardians, and (v) the primary school teachers. It is important to
highlight the obligations and duties of these duty bearers in detail not only
for accountability, but also to ensure that they have sufficient support from
the Government and the society.
6.1 The first duty bearer ; is the “appropriate Government”. The duty of the
appropriate Government to establish neighbourhood schools is prescribed in
Section 6.
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“ Section 6. Duty of appropriate Government and local authority to
- For carrying out the provisions of this Act, the
establish school
appropriate Government and the local authority shall establish, within
such area or limits of neighbourhood, as may be prescribed, a school,
where it is not so established, within a period of three years from the
commencement of this Act.”
The financial responsibilities under the Act are shared between the Central
and the State Governments under Section 7. Further duties upon
establishing the neighbourhood schools are prescribed in Section 8, which
inter alia mandate that the appropriate government shall, “ensure availability
of a neighbourhood school as specified in Section 6”.
2
6.2 The second duty bearer ; is the “local authority” . To ensure
implementation of the right at the grassroot level, Section 9 obligates the
local authority to ensure availability of a neighbourhood school as specified
in Section 6 (Section 9(b)), maintain records of children up to the age of
fourteen years (Section 9(d)) and also ensure and monitor admission,
attendance and completion of elementary education by every child residing
within its jurisdiction (Section 9(e)). The relevant part of Section 9 is as
follows -
“ .- Every local authority shall—
Section 9. Duties of local authority
2
Section 2(h) -“local authority” means a Municipal Corporation or Municipal Council or Zila Parishad or
Nagar Panchayat or Panchayat, by whatever name called, and includes such other authority or body having
administrative control over the school or empowered by or under any law for the time being in force to
function as a local authority in any city, town or village;
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(b) ensure availability of a neighbourhood school as specified in
section 6;
(d) maintain records of children up to the age of fourteen years residing
within its jurisdiction, in such manner as may be prescribed;
(e) ensure and monitor admission, attendance and completion of
elementary education by every child residing within its jurisdiction.”
6.3 The third duty bearer ; is the neighbourhood school. Under Section 12,
a neighbourhood school is impressed with the responsibility of providing free
and compulsory education. Section 12 articulates the responsibility of a
neighbourhood school in the following terms -
“
Section 12. Extent of school's responsibility for free and
compulsory education.-
(1) For the purposes of this Act, a school,—
(a) specified in sub-clause (i) of clause (n) of section 2 shall
provide free and compulsory elementary education to all
children admitted therein;
(b) specified in sub-clause (ii) of clause (n) of section 2 shall
provide free and compulsory elementary education to such
proportion of children admitted therein as its annual recurring
aid or grants so received bears to its annual recurring
expenses, subject to a minimum of twenty-five per cent.;
(c) specified in sub-clauses (iii) and (iv) of clause (n) of section
2 shall admit in class I, to the extent of at least twenty-five percent
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:
Provided further that where a school specified in clause (n) of
section 2 imparts pre-school education, the provisions of
clauses (a) to (c) shall apply for admission to such pre-school
education.
(2) The school specified in sub-clause (iv) of clause (n) of section 2
providing free and compulsory elementary education as specified in
clause (c) of sub-section (1) shall be reimbursed expenditure so
incurred by it to the extent of per-child-expenditure incurred by the
State, or the actual amount charged from the child, whichever is less,
in such manner as may be prescribed:
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Provided that such reimbursement shall not exceed per-child-
expenditure incurred by a school specified in sub-clause (i) of
clause (n) of section 2:
Provided further that where such school is already under
obligation to provide free education to a specified number of
children on account of it having received any land, building,
equipment or other facilities, either free of cost or at a
concessional rate, such school shall not be entitled for
reimbursement to the extent of such obligation.
(3) Every school shall provide such information as may be required by
the appropriate Government or the local authority, as the case may
be. ”
The definition of ‘School’ takes within its fold any recognised school imparting
education and includes (i) governmental school, (ii) aided school receiving
grants, (iii) schools belonging to specified categories such as the Kendriya
Vidyalaya etc. and most importantly, (iv) unaided school not receiving any
grants. With respect to the specified and unaided schools not receiving any
grants, Section 12 mandates that the “neighborhood schools” shall admit in
Class I, to the extent of at least twenty-five percent of the strength of that
class, children belonging to weaker section and disadvantaged group for free
and compulsory education. We will be examining this obligation of the school
under Section 12(1)(c) in detail.
6.4 The fourth duty bearer ; is the Parent. This duty is now constitutionally
recognised in Article 51A(k) of the Constitution.
“ It shall be the duty of every citizen of
51A. Fundamental duties.-
India-
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(k) who is a parent or guardian to provide opportunities for education
to his child or, as the case may be, ward between the age of six and
fourteen years”.
Following the constitutional mandate, Section 10 of the Act mandates every
parent to perform this pious duty.
“ 10. Duty of parents and guardian - It shall be the duty of every
parent or guardian to admit or cause to be admitted his or her child or
ward, as the case may be, to an elementary education in the
neighbourhood school.”
6.5 The fifth duty bearer ; is the elementary school teacher. There is no
human resource or value higher than development of a student’s mind and
character. Therefore, the elementary school teachers have the most
important role in nation building and as such, they have to be treated with
utmost respect and care. A society that does not take care of its elementary
school teachers is bound to fail in securing the constitutional objective.
The Constitutional Philosophy & Mandate of Section 12.
7. It is necessary to underscore two foundational constitutional values
that Section 12 of the Right of Children to Free and Compulsory Education
Act, 2009 (RTE Act) is designed to articulate and secure. The first, in
unequivocal terms, mandates that not less than twenty-five percent of the
strength of an entry-level class shall be reserved for and filled by children
belonging to “weaker sections” and “disadvantaged groups”, who are thereby
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guaranteed access to free elementary education. The second is that such
children are to be admitted to unaided schools in their neighbourhood,
thereby embedding within the statutory framework the principle that the
constitutional promise of education under Article 21A is to be realised
through common local schools rather than segregated or parallel systems.
The legislative choice to implement the right to free and compulsory
education through neighbourhood schools is not merely administrative; it is
a deliberate constitutional strategy to operationalise equality of status,
dignity, and social integration among children in their formative years. In
sustaining Section 12, the Supreme Court has recognised that the rights of
children carry corresponding obligations on the State to “respect, protect and
fulfill” those rights and to regulate private educational institutions so that
children’s rights are not violated even in non-State spheres.
8. Properly understood, this statutory design is normatively ambitious. It
envisages elementary education for all children, across the spectrum of
class, caste, gender and economic position, in a shared institutional space.
It makes it possible, normatively and structurally, for the child of a multi-
millionaire or even of a Judge of the Supreme Court of India to sit in the same
classroom and at the same bench as the child of an autorickshaw driver or
a street vendor. This is the manner in which Section 12 seeks to concretise
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the constitutional principle of fraternity alongside equality and liberty. A
correct appreciation of fraternity must displace the traditional but mistaken
view, often repeated in constitutional discourse, that it is not an enforceable
value. Our constitutional jurisprudence compels us to read fraternity as a
value requiring the State to structure institutions that nurture co-existence,
mutual respect, and a sense of common membership. Unlike equality and
liberty , which are frequently framed as individual rights-claims, fraternity is
relational; it operates through institutional arrangements that enable
individuals to “lose suspect identities” based on caste, class or other
hierarchies and to form solidaristic bonds. In this sense, the 25% inclusion
under Section 12, in unaided neighbourhood schools, is not an isolated
welfare measure but a vehicle through which the constitutional commitment
to fraternity and the “development of the child” as recognised in Article 21A
and Article 39(f) is sought to be realised.
9. The emphasis on “neighbourhood schools” is rooted in the National
System of Education, as elaborated in the Kothari Commission Report,
which recommended a Common School System whereby all children,
irrespective of social or economic background, would attend the same
neighbourhood schools and learn together in an integrated, non-segregated
environment. This model envisages the school as a common civic space that
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breaks down barriers of caste, class and gender, and thereby advances
substantive equality and social justice. The neighbourhood common school
system under the RTE Act envisages that each child must have access to a
neighbourhood school and such a system is central to the project of
democratising schooling and reducing entrenched social inequalities. The
policy rationale underlying Section 12 of the RTE Act is evident from the
following statement of the Ministry of Human Resource Development;
“ The idea that schooling should act as a means of social cohesion and
inclusion is not new; it has been oft repeated. Inequitable and
disparate schooling reinforces existing social and economic
hierarchies, and promotes in the educated sections of society an
indifference towards the plight of the poor.
The currently used term ‘inclusive’ education implies, as did earlier
terms like ‘common’ and ‘neighbourhood’ schools, that children from
different backgrounds and with varying interests and ability will
achieve their highest potential if they study in a shared classroom
environment. The idea of inclusive schooling is also consistent with
Constitutional values and ideals, especially with the ideals of fraternity,
social justice and equality of opportunity.
For children of socio-economically weaker backgrounds to feel at
home in private schools, it is necessary that they form a substantial
proportion or critical mass in the class they join. The relevant universe
in which the proportion needs to be considered is the class/section. It
is for this reason that the RTE Act provides for admission of 25%
children from disadvantaged groups and weaker sections in class I
only. This implies that these children cannot be pooled together in a
separate section or afternoon shift. Any arrangement which
segregates, or treats these children in a differentiated manner vis-à-
vis the fee-paying children will be counter-productive.
The rationale for 25% lies in the fact that the composition of caste/class
indicated in the Census is fairly representative of the composition of
children who are seeking admission under this provision. As per
Census 2001, SCs constitute 16.2%, and STs constitute 8.2% (total
24.4%) of the population. Further, the Tendulkar Committee, set up by
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the Planning Commission to measure poverty, has estimated the
below poverty line (BPL) population to be 37.2%. It is a fact that much
of the population that suffers economic deprivation also suffers from
social disadvantage. Thus, taken together, the figure of 25% for
admission of children from disadvantaged groups and weaker sections
is considered reasonable. Any lower proportion would jeopardize the
long-term goal of the policy which is to strengthen social cohesion and
bring out the best human resource potential inherent in our society as
a whole. A smaller proportion would serve only a token purpose, and
it will run the serious risk of creating the feeling of alienation among
the children belonging to disadvantaged groups and weaker sections.
Their participation in classroom interaction will be neither strong nor
sufficiently manifest to enrich the overall experiential learning taking
place in any given subject area. Only a critical mass can play such a
role.
The RTE Act provides for admission of 25% children from
disadvantaged groups and weaker sections in Class I, not across the
whole school. As children admitted to class I move to class II, new
children will be admitted to class I, and so on till completion of 8 years
of elementary education. The rationale for admission in class I only
must be appreciated in human terms. Teachers who are used to a
selective, homogeneous classroom environment cannot be expected
to develop the required positive attitude and professional skills to deal
with a diversified class overnight. The same applies to children.
Children who have grown up to an age of nine or ten in a
homogeneous or segregated environment have been socialized into a
structure of norms and behaviour. They cannot be transformed on
demand. Also, the overall school ethos cannot be expected to respond
to a new policy in a positive manner all of a sudden. Education is
indeed an act of faith and social engineering - but not quick-fix social
engineering. In view of the fact that children take time to socialize and
teachers take time to develop new attitudes and pedagogic skills, the
RTE Act provides for admission of disadvantaged and poor children at
the entry level, covering pre-school and Class I. With these children
moving up, and a new cohort of children entering pre-school and Class
I in each successive year, the school will gradually have a more
diverse population spread across all classes. Progression at this pace
will allow children the opportunity to grow up together and create
bonds: bonds that can survive social walls. Progression at this pace
can allow the school to develop the professional capacity to respond
to the intellectual and emotional needs of children from diverse
backgrounds. Children who are younger than eight years of age are
yet to develop a stable social identity. Their values are still forming,
and their motivation to derive meaning from experience, both concrete
and social is very strong. Therefore, it is a valid argument that the
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policy of mixing children from different socio-economic strata has the
best chance of succeeding if it starts from the formative years of
nursery/kindergarten and Class I. Diversity enhances learning and
development, while segregation impoverishes the classroom
environment of all schools, private or government.
Admission of 25% children from disadvantaged groups and weaker
sections in the neighbourhood is not merely to provide avenues of
quality education to poor and disadvantaged children. The larger
objective is to provide a common place where children sit, eat and live
together for at least eight years of their lives across caste, class and
gender divides in order that it narrows down such divisions in our
society. The other objective is that the 75% children who have been
lucky to come from better endowed families, learn through their
interaction with the children from families who haven't had similar
opportunities, but are rich in knowledge systems allied to trade, craft,
farming and other services, and that the pedagogic enrichment of the
75% children is provided by such intermingling. This will of course
require classroom practices, teacher training, etc. to constantly bring
out these pedagogic practices, rather than merely make children from
these two sections sit together. The often voiced concern about how
the 25% children from disadvantaged groups and weaker sections can
cope in an environment where rich children exist can be resolved when
the teaching learning process and teachers use these children as
sources of knowledge so that their esteem and recognition goes up
and they begin to be treated as equals. ”
10. Our concern is about the effective, rather, the ineffective
implementation of the mandate under Section 12 of the Act. We have to
ensure admission of at least twenty-five percent of class strength in unaided
schools with children of weaker and disadvantaged groups. This is certainly
a national mission. Effective implementation of the statutory policy will be
transformative and, in this regard, each one of us, be it the institution or an
individual, be it the Central or the State Governments, Advisory Councils or
Commissions are duty bearers. The most important role is of the
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neighbourhood schools and its teachers. In this mission, the judiciary also
bears the burden to ensure that the process of admission is easily
accessible, effective and efficient. Court must also ensure that judicial
remedies against inaction or inefficiency are redressed effectively and
expeditiously. It is in this context that we have examined the procedure and
practice for implementing Section 12 of the Act.
11. Considering the importance of implementing the purpose and object of
the Act, Parliament has assigned the task of reviewing, monitoring and
redressing the grievances arising under the Act to the National and State
3
Commissions for Protection of Child Rights under Section 31 of the Act.
“ Section 31. Monitoring of child's right to education.—( 1) The
National Commission for Protection of Child Rights constituted under
section 3, or, as the case may be, the State Commission for Protection
of Child Rights constituted under section 17, of the Commissions for
Protection of Child Rights Act, 2005 (4 of 2006), shall, in addition to
the functions assigned to them under that Act, also perform the
following functions, namely:—
(a) examine and review the safeguards for rights provided by or under
this Act and recommend measures for their effective implementation;
(b) inquire into complaints relating to child's right to free and
compulsory education; and
(c) take necessary steps as provided under sections 15 and 24 of the
said Commissions for Protection of Child Rights Act.
(2) The said Commissions shall, while inquiring into any matters
relating to child's right to free and compulsory education under clause
(c) of sub-section (1), have the same powers as assigned to them
respectively under sections 14 and 24 of the said Commissions for
Protection of Child Rights Act.
(3) Where the State Commission for Protection of Child Rights has not
been constituted in a State, the appropriate Government may, for the
purpose of performing the functions specified in clauses (a) to (c) of
3
Hereinafter referred to as “the NCPCR” and “the SCPCRs”.
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sub-section (1), constitute such authority, in such manner and subject
to such terms and conditions, as may be prescribed.”
12. The Commissions are established under Sections 3 and 17 of the
Commission for Protection of Child Rights Act, 2005. In exercise of its
statutory duty, NCPCR issued Standard Operating Procedure (SOP) for
implementation of Section 12(1)(c) of the Act. The preamble of the SOP is
as follows:
“ Through the redressal of grievances and feedback during different
formal and informal meetings/consultations, it came to NCPCR’s
notice that different mechanism and modalities are being followed by
the States/UTs based on their interpretation of the said provision. To
examine the compliance of the above-mentioned clause in true spirit
and to understand ground reality NCPCR undertook a study on
implementation of the provision in private unaided schools of Delhi.
The findings of the study revealed challenges faced by all stakeholders
involved specially the children and parents. Most importantly, it helped
to discover the issues right from the process of admission to the
inclusion of children admitted under this section in the school.
Consequently, the Standard Operating Procedure (SOP) for
Implementation of Section 12(1)(c) of the RTE Act, 2009 has been
developed to present a systematic mechanism/procedure to be
followed by the State Governments in making the entire process
streamlined and transparent. ”
13. Learned amicus curiae also brought to our notice SOP for Delhi and
the relevant rules for the State of Maharashtra. He has also placed on record
certain other material having a direct bearing on the issue under
consideration. A statement of joint suggestions made by the amicus curiae
and the learned Additional Solicitor General (ASG) is also placed before us,
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highlighting the concerns and identifying areas requiring improvement. The
issues and suggestions are as follows:
(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.
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(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.
14. The suggestions of the learned amicus curiae and the learned ASG,
seen in the context of SOP issued by NCPCR may be restated. In fact,
NCPCR’s SOP is structured in three stages, (i) the first relates to the
preparatory stage, (ii) the second stage relates to processing applications,
selection and admission and (iii) the third stage relates to procedure after
completion of admission. To ensure a smooth and transparent admission
process and in order to enable eligible children to access the right of
admission under Section 12(1)(c), the following steps should be taken –
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14.1 Preparatory 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.
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(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.
14.2 Processing Applications, Selection and Admission
(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.
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(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.
14.3 After Completion of Admission Process
(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.
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(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.
15. The above referred procedure, as indicated in the SOP issued by
NCPCR, is only in the nature of guidelines. These guidelines do not partake
the character of enforceable rules, violation of which would render the duty
bearers answerable to the reviewing or controlling authority. 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.
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16. In view of the above, we direct the appropriate authorities to prepare
and issue, in consultation with the NCPCR and SCPCRs, as the case may
be, as well as the National and State Advisory Councils, necessary rules and
regulations under Section 38 of the Act for implementing the mandate of
Section 12(1)(c) of the Act.
16.1 We direct that the NCPCR, New Delhi shall be impleaded as a party
respondent. The copy of our order shall be sent to the Commission for
compliance and monitoring.
16.2 We further direct the Commission to collate information about the
issuance of rules and regulations by the appropriate Governments of the
st
States and Union Territories and file an affidavit before this Court by 31 of
March, 2026.
th
16.3 List this Special Leave Petition for further hearing on 6 of April, 2026.
………………………………....J.
[PAMIDIGHANTAM SRI NARASIMHA]
………………………………....J.
[ATUL S. CHANDURKAR]
NEW DELHI;
JANUARY 13, 2026
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23 23
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (CIVIL) NO. 10105 OF 2017
DINESH BIWAJI ASHTIKAR …PETITIONER(S)
Versus
STATE OF MAHARASHTRA & ORS. …RESPONDENT(S)
J U D G M E N T
1. 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
1
to Free and Compulsory Education Act, 2009 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 constitutional declaration of the right under Article
21A, followed by the statutory mandate under Section 3 of the Act for free
Signature Not Verified
Digitally signed by
Jayant Kumar Arora
Date: 2026.01.13
17:24:04 IST
Reason:
1
Hereinafter referred to as the Act.
Page of
1 23
and compulsory elementary education can be realised only with effective
implementation of the provisions of the Act. We have held that ensuring
admission of such students must be a national mission and an obligation of
the appropriate government and the local authority. Equally, Courts, be it
constitutional or civil, must walk that extra mile to provide easy access and
efficient relief to parents who complain of denial of the right.
2. We need not refer to the detailed facts of the case as by the time our
attention was drawn to this special leave petition, the time within which
effective relief could be granted to the petitioner had long passed. The
petitioner had approached a ‘neighbourhood school’ for admitting his
children for free and compulsory elementary education way back in 2016. It
is his case that, even though information through RTI indicated that seats
were available, the neighbourhood school did not respond. Therefore, he
was compelled to approach the High Court by filing a writ petition under
Article 226 of the Constitution. However, by the order impugned before us,
the High Court turned back the petitioner on the ground that, “ the petitioner
had failed to take up appropriate steps to admit his kids in the free education
quota, the petitioner must blame himself .” The “appropriate steps” that the
High Court was referring to pertained to the alleged failure to apply as per
the online procedure for filling up the twenty-five percent seats for children
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2 23
of weaker and disadvantaged sections. This is despite the fact that the
primary education officer of the Zila Parishad, Gondia had addressed a letter
to the Deputy Education Officer to admit petitioner’s children, though online
procedure had not been followed, as his house is within 3 kms of the
neighbourhood school and also that he comes from a very poor family.
Further, the petitioner had also placed before the authorities RTI information
that 648 seats are still lying vacant.
3. Unfortunately, the Special Leave Petition against the High Court’s
order has been pending in this Court for a long time without appropriate
orders and many years have passed by. The standard submission that we
hear at the Bar, when such unfortunate cases are called for hearing is that–
“ the matter has become infructuous ”. Sadly, this is true for the purpose of
decision making on the facts of this case. However, in order to ensure that
this situation shall not revisit parents like the petitioner again and again, we
considered it appropriate to take up the case for precedent making and
decided to examine the efficiency and effectiveness of the procedures for
complying with the mandate of Section 12. We, therefore, appointed Shri
Senthil Jagadeesan, learned senior counsel, as the amicus curiae to assist
the Court.
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3 23
4. The learned amicus curiae has brought to our notice the inaccessibility
of twenty-five percent of class strength in a neighbourhood school to children
belonging to weaker and disadvantaged groups under Section 12 for
multifarious reasons. He would submit that the online application process to
access the Right under Section 12 ignores the prevalent digital illiteracy .
Apart from that, he also highlighted the language barrier and lack of help-
desks to assist the parents/guardians. In addition to this, lack of information
about the availability of seats, absence of transparency in the admission
process and uncertainty about the forums for redressal of grievances are
some of the issues highlighted by the learned amicus curiae. Before we deal
with the text of Section 12, which we will in due course, it is also necessary
to examine the context in which it is located in the scheme of the Act and the
constitutional mandate.
A True Understanding of the Fundamental Right to Education.
5. Article 21A declares the fundamental right to free and compulsory
education of all children of the age of 6 to 14 years.
“ Article 21A. Right to Education – The State shall provide free and
compulsory education to all children of the age of six to fourteen years
in such manner as the State may, by law, determine.”
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4 23
The obligation that the, “ State shall provide free and compulsory education
in such manner as maybe determined by law” , translates into the 2009
legislation, the Right of Children to Free and Compulsory Education Act.
“ Section 3. Right of child to free and compulsory education –
(1) Every child of the age of six to fourteen years, including a child
referred to in clause (d) or clause (e) of section 2, shall have the right
to free and compulsory education in a neighbourhood school till the
completion of his or her elementary education.”
6. It is important to recognize that the Constitution declares elementary
education as a fundamental right, as against many other liberties, which are
in the nature of fundamental freedoms. The consequence of identifying the
right to elementary education as a positive right is the recognition of co-
relative duties and identification of five duty bearers , being (i) the appropriate
government, (ii) the local authority, (iii) the neighbourhood schools, (iv) the
parents/guardians, and (v) the primary school teachers. It is important to
highlight the obligations and duties of these duty bearers in detail not only
for accountability, but also to ensure that they have sufficient support from
the Government and the society.
6.1 The first duty bearer ; is the “appropriate Government”. The duty of the
appropriate Government to establish neighbourhood schools is prescribed in
Section 6.
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5 23
“ Section 6. Duty of appropriate Government and local authority to
- For carrying out the provisions of this Act, the
establish school
appropriate Government and the local authority shall establish, within
such area or limits of neighbourhood, as may be prescribed, a school,
where it is not so established, within a period of three years from the
commencement of this Act.”
The financial responsibilities under the Act are shared between the Central
and the State Governments under Section 7. Further duties upon
establishing the neighbourhood schools are prescribed in Section 8, which
inter alia mandate that the appropriate government shall, “ensure availability
of a neighbourhood school as specified in Section 6”.
2
6.2 The second duty bearer ; is the “local authority” . To ensure
implementation of the right at the grassroot level, Section 9 obligates the
local authority to ensure availability of a neighbourhood school as specified
in Section 6 (Section 9(b)), maintain records of children up to the age of
fourteen years (Section 9(d)) and also ensure and monitor admission,
attendance and completion of elementary education by every child residing
within its jurisdiction (Section 9(e)). The relevant part of Section 9 is as
follows -
“ .- Every local authority shall—
Section 9. Duties of local authority
2
Section 2(h) -“local authority” means a Municipal Corporation or Municipal Council or Zila Parishad or
Nagar Panchayat or Panchayat, by whatever name called, and includes such other authority or body having
administrative control over the school or empowered by or under any law for the time being in force to
function as a local authority in any city, town or village;
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6 23
(b) ensure availability of a neighbourhood school as specified in
section 6;
(d) maintain records of children up to the age of fourteen years residing
within its jurisdiction, in such manner as may be prescribed;
(e) ensure and monitor admission, attendance and completion of
elementary education by every child residing within its jurisdiction.”
6.3 The third duty bearer ; is the neighbourhood school. Under Section 12,
a neighbourhood school is impressed with the responsibility of providing free
and compulsory education. Section 12 articulates the responsibility of a
neighbourhood school in the following terms -
“
Section 12. Extent of school's responsibility for free and
compulsory education.-
(1) For the purposes of this Act, a school,—
(a) specified in sub-clause (i) of clause (n) of section 2 shall
provide free and compulsory elementary education to all
children admitted therein;
(b) specified in sub-clause (ii) of clause (n) of section 2 shall
provide free and compulsory elementary education to such
proportion of children admitted therein as its annual recurring
aid or grants so received bears to its annual recurring
expenses, subject to a minimum of twenty-five per cent.;
(c) specified in sub-clauses (iii) and (iv) of clause (n) of section
2 shall admit in class I, to the extent of at least twenty-five percent
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:
Provided further that where a school specified in clause (n) of
section 2 imparts pre-school education, the provisions of
clauses (a) to (c) shall apply for admission to such pre-school
education.
(2) The school specified in sub-clause (iv) of clause (n) of section 2
providing free and compulsory elementary education as specified in
clause (c) of sub-section (1) shall be reimbursed expenditure so
incurred by it to the extent of per-child-expenditure incurred by the
State, or the actual amount charged from the child, whichever is less,
in such manner as may be prescribed:
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7 23
Provided that such reimbursement shall not exceed per-child-
expenditure incurred by a school specified in sub-clause (i) of
clause (n) of section 2:
Provided further that where such school is already under
obligation to provide free education to a specified number of
children on account of it having received any land, building,
equipment or other facilities, either free of cost or at a
concessional rate, such school shall not be entitled for
reimbursement to the extent of such obligation.
(3) Every school shall provide such information as may be required by
the appropriate Government or the local authority, as the case may
be. ”
The definition of ‘School’ takes within its fold any recognised school imparting
education and includes (i) governmental school, (ii) aided school receiving
grants, (iii) schools belonging to specified categories such as the Kendriya
Vidyalaya etc. and most importantly, (iv) unaided school not receiving any
grants. With respect to the specified and unaided schools not receiving any
grants, Section 12 mandates that the “neighborhood schools” shall admit in
Class I, to the extent of at least twenty-five percent of the strength of that
class, children belonging to weaker section and disadvantaged group for free
and compulsory education. We will be examining this obligation of the school
under Section 12(1)(c) in detail.
6.4 The fourth duty bearer ; is the Parent. This duty is now constitutionally
recognised in Article 51A(k) of the Constitution.
“ It shall be the duty of every citizen of
51A. Fundamental duties.-
India-
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8 23
(k) who is a parent or guardian to provide opportunities for education
to his child or, as the case may be, ward between the age of six and
fourteen years”.
Following the constitutional mandate, Section 10 of the Act mandates every
parent to perform this pious duty.
“ 10. Duty of parents and guardian - It shall be the duty of every
parent or guardian to admit or cause to be admitted his or her child or
ward, as the case may be, to an elementary education in the
neighbourhood school.”
6.5 The fifth duty bearer ; is the elementary school teacher. There is no
human resource or value higher than development of a student’s mind and
character. Therefore, the elementary school teachers have the most
important role in nation building and as such, they have to be treated with
utmost respect and care. A society that does not take care of its elementary
school teachers is bound to fail in securing the constitutional objective.
The Constitutional Philosophy & Mandate of Section 12.
7. It is necessary to underscore two foundational constitutional values
that Section 12 of the Right of Children to Free and Compulsory Education
Act, 2009 (RTE Act) is designed to articulate and secure. The first, in
unequivocal terms, mandates that not less than twenty-five percent of the
strength of an entry-level class shall be reserved for and filled by children
belonging to “weaker sections” and “disadvantaged groups”, who are thereby
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guaranteed access to free elementary education. The second is that such
children are to be admitted to unaided schools in their neighbourhood,
thereby embedding within the statutory framework the principle that the
constitutional promise of education under Article 21A is to be realised
through common local schools rather than segregated or parallel systems.
The legislative choice to implement the right to free and compulsory
education through neighbourhood schools is not merely administrative; it is
a deliberate constitutional strategy to operationalise equality of status,
dignity, and social integration among children in their formative years. In
sustaining Section 12, the Supreme Court has recognised that the rights of
children carry corresponding obligations on the State to “respect, protect and
fulfill” those rights and to regulate private educational institutions so that
children’s rights are not violated even in non-State spheres.
8. Properly understood, this statutory design is normatively ambitious. It
envisages elementary education for all children, across the spectrum of
class, caste, gender and economic position, in a shared institutional space.
It makes it possible, normatively and structurally, for the child of a multi-
millionaire or even of a Judge of the Supreme Court of India to sit in the same
classroom and at the same bench as the child of an autorickshaw driver or
a street vendor. This is the manner in which Section 12 seeks to concretise
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10 23
the constitutional principle of fraternity alongside equality and liberty. A
correct appreciation of fraternity must displace the traditional but mistaken
view, often repeated in constitutional discourse, that it is not an enforceable
value. Our constitutional jurisprudence compels us to read fraternity as a
value requiring the State to structure institutions that nurture co-existence,
mutual respect, and a sense of common membership. Unlike equality and
liberty , which are frequently framed as individual rights-claims, fraternity is
relational; it operates through institutional arrangements that enable
individuals to “lose suspect identities” based on caste, class or other
hierarchies and to form solidaristic bonds. In this sense, the 25% inclusion
under Section 12, in unaided neighbourhood schools, is not an isolated
welfare measure but a vehicle through which the constitutional commitment
to fraternity and the “development of the child” as recognised in Article 21A
and Article 39(f) is sought to be realised.
9. The emphasis on “neighbourhood schools” is rooted in the National
System of Education, as elaborated in the Kothari Commission Report,
which recommended a Common School System whereby all children,
irrespective of social or economic background, would attend the same
neighbourhood schools and learn together in an integrated, non-segregated
environment. This model envisages the school as a common civic space that
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11 23
breaks down barriers of caste, class and gender, and thereby advances
substantive equality and social justice. The neighbourhood common school
system under the RTE Act envisages that each child must have access to a
neighbourhood school and such a system is central to the project of
democratising schooling and reducing entrenched social inequalities. The
policy rationale underlying Section 12 of the RTE Act is evident from the
following statement of the Ministry of Human Resource Development;
“ The idea that schooling should act as a means of social cohesion and
inclusion is not new; it has been oft repeated. Inequitable and
disparate schooling reinforces existing social and economic
hierarchies, and promotes in the educated sections of society an
indifference towards the plight of the poor.
The currently used term ‘inclusive’ education implies, as did earlier
terms like ‘common’ and ‘neighbourhood’ schools, that children from
different backgrounds and with varying interests and ability will
achieve their highest potential if they study in a shared classroom
environment. The idea of inclusive schooling is also consistent with
Constitutional values and ideals, especially with the ideals of fraternity,
social justice and equality of opportunity.
For children of socio-economically weaker backgrounds to feel at
home in private schools, it is necessary that they form a substantial
proportion or critical mass in the class they join. The relevant universe
in which the proportion needs to be considered is the class/section. It
is for this reason that the RTE Act provides for admission of 25%
children from disadvantaged groups and weaker sections in class I
only. This implies that these children cannot be pooled together in a
separate section or afternoon shift. Any arrangement which
segregates, or treats these children in a differentiated manner vis-à-
vis the fee-paying children will be counter-productive.
The rationale for 25% lies in the fact that the composition of caste/class
indicated in the Census is fairly representative of the composition of
children who are seeking admission under this provision. As per
Census 2001, SCs constitute 16.2%, and STs constitute 8.2% (total
24.4%) of the population. Further, the Tendulkar Committee, set up by
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12 23
the Planning Commission to measure poverty, has estimated the
below poverty line (BPL) population to be 37.2%. It is a fact that much
of the population that suffers economic deprivation also suffers from
social disadvantage. Thus, taken together, the figure of 25% for
admission of children from disadvantaged groups and weaker sections
is considered reasonable. Any lower proportion would jeopardize the
long-term goal of the policy which is to strengthen social cohesion and
bring out the best human resource potential inherent in our society as
a whole. A smaller proportion would serve only a token purpose, and
it will run the serious risk of creating the feeling of alienation among
the children belonging to disadvantaged groups and weaker sections.
Their participation in classroom interaction will be neither strong nor
sufficiently manifest to enrich the overall experiential learning taking
place in any given subject area. Only a critical mass can play such a
role.
The RTE Act provides for admission of 25% children from
disadvantaged groups and weaker sections in Class I, not across the
whole school. As children admitted to class I move to class II, new
children will be admitted to class I, and so on till completion of 8 years
of elementary education. The rationale for admission in class I only
must be appreciated in human terms. Teachers who are used to a
selective, homogeneous classroom environment cannot be expected
to develop the required positive attitude and professional skills to deal
with a diversified class overnight. The same applies to children.
Children who have grown up to an age of nine or ten in a
homogeneous or segregated environment have been socialized into a
structure of norms and behaviour. They cannot be transformed on
demand. Also, the overall school ethos cannot be expected to respond
to a new policy in a positive manner all of a sudden. Education is
indeed an act of faith and social engineering - but not quick-fix social
engineering. In view of the fact that children take time to socialize and
teachers take time to develop new attitudes and pedagogic skills, the
RTE Act provides for admission of disadvantaged and poor children at
the entry level, covering pre-school and Class I. With these children
moving up, and a new cohort of children entering pre-school and Class
I in each successive year, the school will gradually have a more
diverse population spread across all classes. Progression at this pace
will allow children the opportunity to grow up together and create
bonds: bonds that can survive social walls. Progression at this pace
can allow the school to develop the professional capacity to respond
to the intellectual and emotional needs of children from diverse
backgrounds. Children who are younger than eight years of age are
yet to develop a stable social identity. Their values are still forming,
and their motivation to derive meaning from experience, both concrete
and social is very strong. Therefore, it is a valid argument that the
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policy of mixing children from different socio-economic strata has the
best chance of succeeding if it starts from the formative years of
nursery/kindergarten and Class I. Diversity enhances learning and
development, while segregation impoverishes the classroom
environment of all schools, private or government.
Admission of 25% children from disadvantaged groups and weaker
sections in the neighbourhood is not merely to provide avenues of
quality education to poor and disadvantaged children. The larger
objective is to provide a common place where children sit, eat and live
together for at least eight years of their lives across caste, class and
gender divides in order that it narrows down such divisions in our
society. The other objective is that the 75% children who have been
lucky to come from better endowed families, learn through their
interaction with the children from families who haven't had similar
opportunities, but are rich in knowledge systems allied to trade, craft,
farming and other services, and that the pedagogic enrichment of the
75% children is provided by such intermingling. This will of course
require classroom practices, teacher training, etc. to constantly bring
out these pedagogic practices, rather than merely make children from
these two sections sit together. The often voiced concern about how
the 25% children from disadvantaged groups and weaker sections can
cope in an environment where rich children exist can be resolved when
the teaching learning process and teachers use these children as
sources of knowledge so that their esteem and recognition goes up
and they begin to be treated as equals. ”
10. Our concern is about the effective, rather, the ineffective
implementation of the mandate under Section 12 of the Act. We have to
ensure admission of at least twenty-five percent of class strength in unaided
schools with children of weaker and disadvantaged groups. This is certainly
a national mission. Effective implementation of the statutory policy will be
transformative and, in this regard, each one of us, be it the institution or an
individual, be it the Central or the State Governments, Advisory Councils or
Commissions are duty bearers. The most important role is of the
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neighbourhood schools and its teachers. In this mission, the judiciary also
bears the burden to ensure that the process of admission is easily
accessible, effective and efficient. Court must also ensure that judicial
remedies against inaction or inefficiency are redressed effectively and
expeditiously. It is in this context that we have examined the procedure and
practice for implementing Section 12 of the Act.
11. Considering the importance of implementing the purpose and object of
the Act, Parliament has assigned the task of reviewing, monitoring and
redressing the grievances arising under the Act to the National and State
3
Commissions for Protection of Child Rights under Section 31 of the Act.
“ Section 31. Monitoring of child's right to education.—( 1) The
National Commission for Protection of Child Rights constituted under
section 3, or, as the case may be, the State Commission for Protection
of Child Rights constituted under section 17, of the Commissions for
Protection of Child Rights Act, 2005 (4 of 2006), shall, in addition to
the functions assigned to them under that Act, also perform the
following functions, namely:—
(a) examine and review the safeguards for rights provided by or under
this Act and recommend measures for their effective implementation;
(b) inquire into complaints relating to child's right to free and
compulsory education; and
(c) take necessary steps as provided under sections 15 and 24 of the
said Commissions for Protection of Child Rights Act.
(2) The said Commissions shall, while inquiring into any matters
relating to child's right to free and compulsory education under clause
(c) of sub-section (1), have the same powers as assigned to them
respectively under sections 14 and 24 of the said Commissions for
Protection of Child Rights Act.
(3) Where the State Commission for Protection of Child Rights has not
been constituted in a State, the appropriate Government may, for the
purpose of performing the functions specified in clauses (a) to (c) of
3
Hereinafter referred to as “the NCPCR” and “the SCPCRs”.
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sub-section (1), constitute such authority, in such manner and subject
to such terms and conditions, as may be prescribed.”
12. The Commissions are established under Sections 3 and 17 of the
Commission for Protection of Child Rights Act, 2005. In exercise of its
statutory duty, NCPCR issued Standard Operating Procedure (SOP) for
implementation of Section 12(1)(c) of the Act. The preamble of the SOP is
as follows:
“ Through the redressal of grievances and feedback during different
formal and informal meetings/consultations, it came to NCPCR’s
notice that different mechanism and modalities are being followed by
the States/UTs based on their interpretation of the said provision. To
examine the compliance of the above-mentioned clause in true spirit
and to understand ground reality NCPCR undertook a study on
implementation of the provision in private unaided schools of Delhi.
The findings of the study revealed challenges faced by all stakeholders
involved specially the children and parents. Most importantly, it helped
to discover the issues right from the process of admission to the
inclusion of children admitted under this section in the school.
Consequently, the Standard Operating Procedure (SOP) for
Implementation of Section 12(1)(c) of the RTE Act, 2009 has been
developed to present a systematic mechanism/procedure to be
followed by the State Governments in making the entire process
streamlined and transparent. ”
13. Learned amicus curiae also brought to our notice SOP for Delhi and
the relevant rules for the State of Maharashtra. He has also placed on record
certain other material having a direct bearing on the issue under
consideration. A statement of joint suggestions made by the amicus curiae
and the learned Additional Solicitor General (ASG) is also placed before us,
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highlighting the concerns and identifying areas requiring improvement. The
issues and suggestions are as follows:
(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.
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(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.
14. The suggestions of the learned amicus curiae and the learned ASG,
seen in the context of SOP issued by NCPCR may be restated. In fact,
NCPCR’s SOP is structured in three stages, (i) the first relates to the
preparatory stage, (ii) the second stage relates to processing applications,
selection and admission and (iii) the third stage relates to procedure after
completion of admission. To ensure a smooth and transparent admission
process and in order to enable eligible children to access the right of
admission under Section 12(1)(c), the following steps should be taken –
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14.1 Preparatory 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.
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19 23
(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.
14.2 Processing Applications, Selection and Admission
(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.
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(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.
14.3 After Completion of Admission Process
(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.
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(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.
15. The above referred procedure, as indicated in the SOP issued by
NCPCR, is only in the nature of guidelines. These guidelines do not partake
the character of enforceable rules, violation of which would render the duty
bearers answerable to the reviewing or controlling authority. 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.
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16. In view of the above, we direct the appropriate authorities to prepare
and issue, in consultation with the NCPCR and SCPCRs, as the case may
be, as well as the National and State Advisory Councils, necessary rules and
regulations under Section 38 of the Act for implementing the mandate of
Section 12(1)(c) of the Act.
16.1 We direct that the NCPCR, New Delhi shall be impleaded as a party
respondent. The copy of our order shall be sent to the Commission for
compliance and monitoring.
16.2 We further direct the Commission to collate information about the
issuance of rules and regulations by the appropriate Governments of the
st
States and Union Territories and file an affidavit before this Court by 31 of
March, 2026.
th
16.3 List this Special Leave Petition for further hearing on 6 of April, 2026.
………………………………....J.
[PAMIDIGHANTAM SRI NARASIMHA]
………………………………....J.
[ATUL S. CHANDURKAR]
NEW DELHI;
JANUARY 13, 2026
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