In a strong push for inclusive education, the Supreme Court on Tuesday said that admitting children from weaker and disadvantaged sections into neighbourhood schools must be treated as a “national mission.” The court clarified that governments, local authorities, and private schools all share the responsibility of ensuring that the promise of free education under the Right to Education (RTE) Act is actually delivered on the ground.
Background of the Case
The ruling came in a case that began with a parent’s struggle to secure free admission for his children under the 25% quota meant for economically weaker sections in private schools.
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Back in 2016, the Bombay High Court had dismissed the parent’s plea, saying he failed to apply for the quota during the online admission process. The High Court observed that courts could not offer relief in such cases when the lapse was on the part of the applicant.
Challenging that view, the parent approached the Supreme Court, arguing that the purpose of the RTE Act would be defeated if technical lapses became barriers to poor children’s education.
What the Law Says
Under Section 12(1)(c) of the RTE Act, 2009, private unaided schools and special category schools must reserve at least 25% seats at the entry level for children from disadvantaged groups and weaker sections. These students are entitled to free education, and the schools are reimbursed by the government for the cost involved.
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The right is linked directly to Article 21A of the Constitution, which guarantees free and compulsory education to every child.
Court’s Observations
A bench of Justice P.S. Narasimha and Justice A.S. Chandurkar took a broader view of the issue, stressing that the law is not just about seats, but about social change.
“The obligation of neighbourhood schools to admit children belonging to weaker and disadvantaged sections… has the extraordinary capacity to transform the social structure of society,” the bench observed. “Earnest implementation can truly be transformative.”
Justice Narasimha added that the responsibility does not rest on schools alone.
“Ensuring admissions of such students must be a national mission and an obligation of the appropriate governments and the local authorities equally,” he said.
The court also underlined the role of courts themselves in protecting this right.
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“The courts, constitutional or civil, must walk the extra mile to provide easy access and efficient relief to parents who complain of denial of this right,” the bench noted.
The Supreme Court clearly moved away from the narrow approach taken earlier, where procedural lapses were seen as fatal. Instead, the bench focused on the spirit of the RTE Act-that no child should lose out on education simply because their parents were unaware, confused, or unable to navigate complex admission systems.
The judges said that governments and local authorities cannot act as silent spectators when children from poor families are denied admission. They are duty-bound to step in and ensure that neighbourhood schools comply with the law.
To make sure its words translate into action, the Supreme Court issued a series of directions:
- State governments and local bodies must ensure that no eligible child is denied admission in neighbourhood schools.
- Private schools are equally bound to admit students under the 25% quota.
- The National Commission for Protection of Child Rights (NCPCR) has been added as a party to the case and asked to file an affidavit on compliance.
- The matter has been kept pending so that the court can monitor how its directions are being followed.
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The Decision
Setting aside the narrow reasoning adopted earlier, the Supreme Court held that the RTE Act must be implemented in its true spirit. It declared that providing free education to children from weaker sections is not just a statutory duty but a constitutional obligation, and ensuring their admission must be treated as a national mission by schools, governments, and authorities alike.
Case Title: Dinesh Biwaji Ashtikar v. State of Maharashtra & Ors.
Case No.: SLP (C) No. 10105 of 2017
Decision Date: January 13, 2026
