State of U.P. Ordered to Ensure Admission of Economically Weaker and Socially Disadvantaged Children
In a significant ruling aimed at reinforcing educational equity, the Allahabad High Court has directed the State of Uttar Pradesh to ensure strict compliance with the Right of Children to Free and Compulsory Education Act, 2009, particularly by private unaided schools. The judgment, delivered by Justice Vinod Diwakar, emphasizes the obligation of these schools to admit children from economically weaker sections and socially disadvantaged groups without levying fees or refusing admission.
The case, St. John S School v. State of U.P., was initiated by St. John S School, Babhanauti, Pachwal, challenging the enforcement of the RTE Act in private unaided schools. The petitioner was represented by advocate Gaurav Tripathi, while the State was represented by the Chief Standing Counsel.
The court highlighted that the RTE Act mandates unaided private schools, which do not receive any governmental aid, to admit children from weaker sections and disadvantaged groups, including those with disabilities, into Class I. These schools are required to provide free and compulsory elementary education until the completion of the basic schooling cycle.
Justice Diwakar noted the reluctance of certain private schools to adhere to these statutory requirements, as they continue to impose fees and deny admissions. The court has called for a comprehensive affidavit from the State, detailing district-wise data on private primary schools, both aided and unaided, their student enrollments, and compliance with the RTE Act. This information is to be collected through the Basic Shiksha Adhikari and District Inspector of Schools.
Furthermore, the court has directed educational boards such as the CBSE and CISCE to cooperate with State authorities in furnishing necessary details. The ruling clarified that no adverse actions would be taken against any institution without due process and proper notice.
This directive underscores the State's responsibility to secure quality education for all children, regardless of their socio-economic status, and ensures that private educational institutions contribute to this goal. The court has scheduled the next hearing for September 15, 2026, to review the compliance status.
Bottom Line:
Enforcement of the Right to Free and Compulsory Elementary Education under the Right of Children to Free and Compulsory Education Act, 2009 for children belonging to economically weaker sections and socially disadvantaged groups in private unaided schools.
Statutory provision(s): Right of Children to Free and Compulsory Education Act, 2009, Uttar Pradesh Basic Education Act, 1972
St. John S School v. State of U.P., (Allahabad) : Law Finder Doc id # 2967784
