Supreme Court Emphasizes Neighborhood School’s Obligation Under RTE Act To Give Admission To Students Referred By State Govt
The Supreme Court upheld a decision whereby a public school was asked to grant admission to a student into pre-primary class.
Justice Pamidighantam Sri Narasimha and Justice Alok Aradhe, Supreme Court
While upholding a decision whereby a public school was asked to grant admission to a student into pre-primary class, the Supreme Court has reiterated the constitutional and statutory obligation of a ‘neighborhood school’ to give admission to students forwarded by the State Government without any delay, even in cases where there is some disagreement with the selection by the Government.
The Apex Court was considering the school’s petition challenging the decision of the High Court to grant admission to the respondent student without any delay.
The Division Bench of Justice Pamidighantam Sri Narasimha and Justice Alok Aradhe stated, “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. Such an obligation is consistent with the constitutional philosophy, Section 12 of the Right of Children to Free and Compulsory Education Act, 2009, as well as Rule 8 of the U.P Right of Children to Free and Compulsory Education Rules, 2011. For the reasons to follow, we have affirmed the direction of the High Court to grant admission to the respondent without any delay.”
“It is in the above light we find that for schools like the petitioner that may have some disagreement with the selection by the Government, can make representation to the concerned authority, but they ought not wait for the outcome of such a representation and are mandated to grant admission to the student whose name finds mention in list forwarded to the school in the interregnum. This immediacy is essential to actualise the promise of Article 21A of the Indian Constitution”, it added.
AOR Vivek Singh represented the Petitioner.
Factual Background
The respondent student had applied to the Basic Education Department, State of Uttar Pradesh, for admission into pre-primary class in a neighborhood school in accordance with the procedure prescribed under UP RTE Rules, 2011 for the year 2024-25. On being selected and allotted to the petitioner school, the student approached the school to complete the admission formalities, but she was neither given admission nor permitted to attend the classes on the grounds that there was some uncertainty about the student’s eligibility. The student preferred a writ petition praying for a direction to the State and other authorities for granting admission into the petitioner school. The High Court allowed the writ petition primarily on the ground that schools cannot sit in appeal over a decision taken by the State Government.
Reasoning
The Bench, at the outset, observed, “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. Under Section 38 of the RTE Act, 2009, States are empowered to notify rules for carrying out the provisions of this Act. Exercising this power, the State of Uttar Pradesh notified UP RTE Rules, 2011, containing various measures for admissions to ‘neighborhood’ schools – encompassing regulations from the stage of admission to completion of elementary education.”
Referring to Rule 8 of the UP RTE Rules, 2011, which deals with the provision for admission of children and reimbursement of per-child expenditure by the State Government, the Bench noted that once the government assesses an application for admission under the 2009 Act, the school shall proceed and be bound by other provisions as laid from time to time. The limited window for the school to reconsider the government’s decision is a conscious choice of the State to avoid delays in securing the children's right to education.
As per the Bench, the neighborhood school concept enshrined under the RTE Act, 2009, is a deliberate statutory conception to operationalize equality of status and social integration during a child’s formative years. By mandating that schools admit children from weaker and disadvantaged sections to the extent of at least twenty-five per cent of class strength, the law seeks to transform the social structure of our society. The Bench further termed the appropriate Government, local authority, neighborhood school, parent and elementary school teacher as important duty bearers.
The Bench concluded that in cases where the school disagrees with the selection by the Government, it can make a representation to the concerned authority, but they must grant admission to the student whose name is mentioned in the list forwarded to the school in the interim period.
Thus, finding no ground to interfere with the impugned decision, the Bench dismissed the Special Leave Petition.
Cause Title: Lucknow Public School, ELDICO v. The State of Uttar Pradesh & Ors. (Neutral Citation: 2026 INSC 422)
Appearance
Petitioner: AOR Vivek Singh, Advocate Saumya Sarasawat