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The Supreme Court on September 29 questioned the approach of the National Commission for Protection of Child Rights (NCPCR) in monitoring the implementation of the 25% admission requirement for children from weaker and disadvantaged sections in private unaided schools.
A Bench of Justice PS Narasimha and Justice Alok Aradhe was hearing Dinesh Biwaji Ashtikar v. State of Maharashtra, a long-running matter concerning Section 12(1)(c) of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act).
Section 12(1)(c) requires private unaided neighbourhood schools to reserve at least 25% of entry-level seats for children belonging to weaker sections and disadvantaged groups and provide them free elementary education.
In its January 2026 judgment, the Supreme Court had stressed that the provision was not limited to free education. The Court explained that neighbourhood schools were intended to bring children from different social and economic backgrounds together. The NCPCR was also brought into the proceedings to assist in monitoring implementation.
During Tuesday's hearing, the Bench examined the NCPCR's affidavit and expressed dissatisfaction with its response. The Court said the Commission's role could not be confined to collecting information from States and Union Territories.
The Bench observed:
"How can they act so indifferent? Who heads the NCPCR? We will ask that officer to be present at the next hearing. This is not a contempt proceeding. We asked them to collate, but it is not a question of merely collating. They will have to address the purpose of Section 12 and ensure that every neighbourhood school implements the concept."
The Court further emphasised that the NCPCR, as a statutory authority, had a substantive role in giving effect to the RTE framework rather than merely reporting information.
The Supreme Court directed the Chairperson and Director of the NCPCR to remain physically present at the next hearing. The Court also indicated that the Commission would be expected to take further steps towards effective implementation of Section 12.
The matter was directed to be listed next on October 27, 2026.
