SC upholds mandatory admission under RTE, calls it 'national mission'
The Supreme Court ruled that private neighbourhood schools must admit students allotted under the Right to Education Act without delay, 25% reserved seats for weaker sections must be filled, and the process should be treated as a national mission. The decision upheld a prior High Court ruling and dismissed the appeal from Lucknow Public School, Eldico in a case linked to 2024-25 admissions.
Why It Matters
The ruling reinforces the enforceability of the RTE Act and the Article 21A right to education, stressing that schools cannot obstruct admissions allotted by the state and that such enforcement should be treated as a national priority.
Timeline
2 Events
SC upholds RTE admission obligations; calls it a national mission
A bench of Justices P. S. Narasimha and Alok Aradhe held that private unaided neighbourhood schools are constitutionally and statutorily obligated to admit students allotted under the RTE framework without delay, and that denial undermines the right to education under Article 21A. It noted that 25% of the class strength must be reserved for weaker sections under Section 12 of the RTE Act, 2009, and described the implementation as having the potential to transform society and advance equality of status. The Court stated that once the state-prepared list is forwarded, schools have no option but to grant admission, and that ensuring such admissions must be a national mission. The appeal filed by Lucknow Public School, Eldico was dismissed, upholding the high court order and confirming that the RTE mandate cannot be obstructed.
Allocation under UP RTE for 2024-25; school refused admission
A student was allocated to Lucknow Public School for pre-primary admission for the 2024-25 academic year under the Uttar Pradesh Right of Children to Free and Compulsory Education Rules, 2011. Despite the student being duly selected and listed on the government roster, the school refused admission, citing uncertainty about eligibility. The student then moved the High Court, which ruled in her favour, stating that private schools do not have the authority to sit in appeal over eligibility decisions made by the state's Basic Education Department. The school subsequently appealed to the Supreme Court.