In a judgment that speaks directly to parents who struggle to secure school seats under the Right to Education (RTE) Act, the Supreme Court has said access to the 25% free-seat quota cannot be lost to red tape and digital hurdles. The case began with one father’s failed attempt to admit his children. It ended with a national push to fix the system.
Background of the Case
Dinesh Biwaji Ashtikar had approached a neighbourhood school in Maharashtra in 2016, seeking admission for his children under Section 12 of the RTE Act, which reserves 25% seats for children from weaker and disadvantaged sections.
Read also:- Bombay High Court Cracks Down on Deadly Nylon Manja: ₹25,000 Fine for Kite Flyers, ₹2.5 Lakh for Vendors
Despite information showing vacant seats, his request did not move. The High Court later dismissed his plea, saying he had not followed the online admission process.
By the time the matter reached the Supreme Court, years had passed. Practical relief for the family was no longer possible. But the bench decided to hear the case anyway - not just for one parent, but to prevent the same problem from repeating across the country.
What the Court Examined
The bench, led by Justice Pamidighantam Sri Narasimha, looked beyond the individual dispute and focused on how Section 12 is actually implemented.
Read also:- Second Marriage During Subsisting First One Void, Chhattisgarh HC Rules in Property Case
A court-appointed amicus curiae highlighted real obstacles: digital illiteracy, language barriers, lack of help desks, poor transparency in seat availability, and weak grievance systems.
“The online process often ignores ground realities,” the court noted, pointing out that rights on paper mean little if parents cannot access them in practice.
Court’s Observations
The judges stressed that education under Article 21A is not just a service but a constitutional promise.
“The obligation to ensure admission of these children must be a national mission,” the bench observed, underlining that governments, schools and courts all share responsibility.
In strong words, the court said neighbourhood schools are meant to bring children from different backgrounds together - not to create new barriers through complicated procedures.
The idea of common schooling, the bench said, is central to social equality: rich and poor learning side by side, not in separate worlds.
Gaps in the Current System
During the hearing, several failures came into focus:
- Many states still lack clear, enforceable rules for RTE admissions.
- Online portals exist in some places but without support for parents who cannot use them.
- Applications are often rejected for minor errors, with no chance to correct them.
- Complaints move slowly, if at all.
“The right cannot depend on luck or local discretion,” the court said, making it clear that uniform standards are long overdue.
Read also:- Woman Free to Choose Her Life: Orissa High Court’s Strong Stand Against Forced Marriage
The Decision
Instead of closing the file as an old dispute, the Supreme Court turned it into a roadmap for reform.
The bench directed all states and Union Territories to frame clear rules under Section 38 of the RTE Act to ensure that the 25% quota under Section 12(1)(c) is implemented fairly and transparently.
These rules must be prepared in consultation with the National Commission for Protection of Child Rights (NCPCR) and state commissions.
“The absence of enforceable rules makes this right fragile,” the court observed, adding that guidelines alone are not enough.
The NCPCR has been asked to monitor compliance and file a report before the court by 31 March 2026. The matter will be reviewed again on 6 April 2026.
With these directions, the court closed the chapter on one family’s struggle - but opened a wider path to protect the rights of thousands of children across India.
Case Title: Dinesh Biwaji Ashtikar vs State of Maharashtra
Case No.: SLP (Civil) No. 10105 of 2017
Case Type: Civil Appeal – Right to Education
Decision Date: 13 January 2026
