The Supreme Court of India has directed the Centre and state governments to frame clear and legally binding rules to enforce the 25% reservation for economically weaker and disadvantaged children in private unaided schools under the Right to Education Act. The court observed that despite the law being in force for over a decade, thousands of eligible children continue to be denied admission due to poor enforcement and lack of statutory clarity.
Court’s Directions on RTE Act Implementation
In its order issued on 13 January 2026, the apex court made it clear that informal advisories and non-binding guidelines are insufficient to implement the RTE mandate. States have been asked to exercise their rule-making powers to ensure schools are legally obligated to admit eligible children under the quota. The bench noted that the absence of enforceable rules has resulted in inconsistent practices across states, allowing private schools to bypass their legal responsibilities.
RTE Is a Constitutional Right, Not a Welfare Scheme
The court emphasised that the Right to Education Act, 2009 flows directly from Article 21A of the Constitution, which guarantees free and compulsory education to children aged six to fourteen years. Under Section 12(1)(c) of the Act, all private unaided non-minority schools are required to reserve one-fourth of entry-level seats for children from economically weaker sections and disadvantaged groups. These students are entitled to free education up to elementary level, with the state reimbursing schools for prescribed costs.
Reasons Behind Supreme Court Intervention
The court took note of recurring issues highlighted in multiple petitions from different states. These concerns pointed to systemic failures in implementing the RTE quota on the ground. Key issues identified include:
- Reserved seats remaining vacant year after year
- Parents facing procedural barriers during admissions
- Schools citing lack of clarity and delays in reimbursement
- Absence of statutory rules to address grievances
The court observed that without enforceable regulations, families have little legal protection when schools deny admission under the RTE quota.
Monitoring Role Assigned to Child Rights Body
To strengthen oversight, the court has asked the National Commission for Protection of Child Rights to monitor compliance with the RTE mandate and submit a detailed report to the apex court. The move is intended to ensure uniform implementation and accountability across states.
Why the 25% RTE Provision Matters?
When the RTE Act was enacted, lawmakers envisioned inclusive classrooms where children from diverse socio-economic backgrounds could learn together. The 25% quota was designed to reduce early-life social segregation and expand access to quality education for underprivileged children. The Supreme Court’s latest directive signals a renewed push to translate this legislative intent into actual admissions, ensuring the right to education is realised in practice rather than remaining a statutory promise.