The Supreme Court has made it mandatory for all recognised private unaided schools designated as neighbourhood schools to grant immediate admission to students allotted by the State under the Right of Children to Free and Compulsory Education Act, 2009, even if the child’s selection was under dispute.
The Bench of Justice Pamidighantam Sri Narasimha and Justice Alok Aradhe observed that once the competent authority had completed the selection process and forwarded the list of admitted students, schools had no adjudicatory discretion to question or withhold admission. Immediate admission was necessary to give effect to the fundamental right to education under Article 21A of the Constitution, noted the Court, adding that any delay would defeat the statutory scheme and constitutional mandate.
The top court of the country directed the private schools to comply with the allotment in the interim, while granting them liberty to submit a representation before the appropriate authority in case they had any grievance regarding eligibility.
The case arose from a dispute where a student allotted to a private school by the Uttar Pradesh Basic Education Department was denied admission on the grounds of uncertainty regarding eligibility. The Bench upheld the view taken by the Allahabad High Court, affirming that schools cannot sit in appeal over decisions taken by the State in the admission process.
Reiterating the framework under Section 12 of the 2009 Act, the Bench held that all recognised private unaided schools designated as neighbourhood schools were legally bound to reserve at least 25 per cent of entry-level seats for children belonging to weaker sections and disadvantaged groups. This statutory quota was a key component of the legislative policy aimed at achieving substantive equality and social inclusion.
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