RTE certificate requirement for Nanda Gaura Scheme applies exclusively to private school students, not government-aided institutions.

The petitioner, Kumari Pushpa, passed her intermediate examination from Govind Ballabh Pant Intermediate College, Khatima, a Non-Government Aided Institution

She applied for a grant of ₹51,000 under the ‘Nanda Gaura Scheme’ pursuant to a Government Order (G.O.) dated 07.08.2023, which provides financial assistance to female students upon passing their intermediate exams

The respondents returned her application on the grounds that she failed to annex a certificate of registration under the Right to Education (RTE) Act

The petitioner challenged this action, asserting she was pursuing her graduation and that the RTE certificate requirement was inapplicable to her as a student of an aided institution

1. Whether the requirement of producing an RTE certificate under Clause 3(kha)(5) of the Nanda Gaura Scheme applies to students who graduated from Non-Government Aided Institutions

2. Whether the respondents’ action of returning the petitioner's application was legally sustainable under the amended G.O. dated 10.01.2024

The court primarily applied the provisions of the ‘Nanda Gaura Scheme’ as defined by G.O. dated 07.08.2023 and subsequently amended by G.O. dated 10.01.2024

Under the amended Clause 3(kha)(5), the requirement to provide an RTE certificate is specifically limited to students who passed their 12th standard from private schools (ICSE/CBSE) and were originally admitted to those private schools under the RTE quota up to the 8th standard

For students from government or government-aided institutions, the scheme requires proof of passing the examination and evidence of admission into a graduation or diploma course

The court examined the amended Clause 3(kha)(5) of the G.O. dated 10.01.2024, noting that the petitioner submitted her application on the very day the amendment was issued

The court found that the petitioner undisputedly passed her intermediate from a Non-Government Aided Institution and was currently pursuing a degree at Khatima Degree College

Upon reviewing the text of the amendment, the court determined that the RTE certificate requirement was explicitly restricted to students of private schools

The State Counsel conceded that the requirement was intended only for private school students

Consequently, the court reasoned that the competent authority misapplied the G.O. by demanding an RTE certificate from a student of an aided institution, rendering the rejection of her application illegal and unsustainable

The court quashed the oral/implied rejection and directed the petitioner to resubmit her application for the ₹51,000 grant within 15 days

The respondents were ordered to consider the application strictly in accordance with the G.O. dated 10.01.2024

No order as to costs was made