SC upholds mandatory admission of students under RTE, calls it 'national mission'

Observing that admission of into pre-primary class must be a national mission, the Supreme Court on Tuesday ruled that under the Right to Education RTE Act, neighbourhood schools are constitutionally and statutorily obligated to admit students allotted by the state government without any delay.

Observing that admission of into pre-primary class must be a ''national mission'', the Supreme Court on Tuesday ruled that under the Right to Education (RTE) Act, ''neighbourhood schools'' are constitutionally and statutorily obligated to admit students allotted by the state government without any delay. Reiterating the obligation of private unaided neighbourhood schools to admit students allotted under the RTE framework without delay, a bench of justices P S Narasimha and Alok Aradhe said that denial of such admissions undermines the fundamental right to education guaranteed under Article 21A of the Constitution. ''The obligation of a 'neighbourhood school' to admit children belonging to weaker and disadvantaged sections of our society, to the extent of twenty-five percent of the class strength, under Section 12 of the RTE Act, 2009 has the extraordinary capacity to transform the social structure of our society,'' the verdict said. The bench said earnest implementation can truly be transformative and it is not only a step towards educating young India, but also a substantive measure in securing the preambular objective of 'equality of status'. ''The constitutional declaration of the right under Article 21A, followed by the statutory mandate under Section 3 of the Act for free and compulsory elementary education can be realised only with effective implementation of the provisions of the Act. ''Ensuring admission of such students must be a national mission and an obligation of the appropriate government and the local authority. Equally, Courts, be it constitutional or civil, must walk that extra mile to provide easy access and efficient relief to parents who complain of denial of the right,'' Justice Narasimha, who authored the verdict, said. The bench dismissed the appeal filed by Lucknow Public School, Eldico, which had challenged a high court order directing it to admit a student from a weaker section of society. The matter arose when a student was allotted to Lucknow Public School for pre-primary admission for the 2024-25 academic year under the UP Right of Children to Free and Compulsory Education Rules, 2011. Despite the student being duly selected and her name appearing on the official government list, the school refused her admission, citing ''uncertainty'' regarding her eligibility. The student moved the high court, which ruled in her favour, stating that private schools do not have the authority to ''sit in appeal'' over the eligibility decisions made by the state's Basic Education Department. The school then appealed to the top court, which upheld the high court order saying that the RTE under Article 21A would remain an ''empty promise'' if schools were allowed to obstruct the process. The bench held once a list is prepared and forwarded by the state, the school has no option but to grant admission. ''There is no gainsaying in stating that the right to education, a fundamental right guaranteed under Article 21A of the Indian Constitution, will remain an empty promise if the mandate of the RTE Act, 2009 is not worked out in its letter and spirit,'' it said. Taking the opportunity, the verdict said ''this is yet another occasion for us to reiterate the constitutional and statutory obligation of a 'neighbourhood school' to give admission to students forwarded by the state government without any delay.''