Supreme Court Directs States to Make Clear, Binding Rules for 25% RTE Quota in Private Schools

The Supreme Court of India has clearly stated that States and Union Territories must frame binding and enforceable rules to properly implement the 25% admission quota for children from Weaker Sections (WS) and Disadvantaged Groups (DG) in private unaided schools under the Right of Children to Free and Compulsory Education Act, 2009.

The Court held that merely issuing guidelines or Standard Operating Procedures (SOPs) is not enough. Such guidelines do not have the force of law and cannot ensure real accountability. Because of this gap, the actual implementation of Section 12(1)(c) of the RTE Act has suffered, and many eligible children have been denied admission despite vacant seats being available.

A Bench of Justices PS Narasimha and Atul S Chandurkar observed that the absence of clear statutory rules has defeated the very purpose of the fundamental right to education under Article 21A of the Constitution. The Court said that without enforceable rules, the 25% quota provision risks becoming meaningless.

The case arose from Maharashtra, where a parent approached the courts after his children were denied admission under the RTE quota, even though several seats were vacant in a nearby private school. The Bombay High Court dismissed the plea on technical grounds, saying the online admission process was not followed. However, evidence showed that the family was extremely poor, lived close to the school, and that hundreds of seats were lying vacant.

Although the Supreme Court could not grant individual relief as the academic years had already passed, it decided to examine the larger issue to prevent such situations in the future. The Court highlighted how online-only admission systems, digital illiteracy, language barriers, lack of help desks, and unclear grievance mechanisms often exclude the very families the law aims to protect.

Calling elementary education a positive fundamental right, the Court stressed that governments, authorities, schools, and even courts have a duty to make access to this right simple and effective. It directed all States and UTs to frame proper rules under Section 38 of the RTE Act, in consultation with child rights bodies, to ensure genuine implementation of the 25% quota. The National Commission for Protection of Child Rights has also been asked to monitor compliance.