The Supreme Court on Monday issued notice on a petition alleging that the State of Punjab has failed to effectively implement key provisions of the Right of Children to Free and Compulsory Education Act, 2009, particularly Section 12(1)(c), which mandates the reservation of 25 per cent seats at the entry level in private unaided schools for children belonging to Economically Weaker Sections (EWS) and disadvantaged groups.
The Bench of Chief Justice of India (CJI) Surya Kant and Justice V Mohana sought responses in the matter and advised the petitioner, who appeared in person, to place concrete empirical data before the Court to substantiate the allegation that the statutory scheme has not been implemented across the State.
During the hearing, the Chief Justice suggested that the petitioner obtain detailed information through applications under the Right to Information Act regarding the number of recognised private schools in a district, their affiliation with the Central Board of Secondary Education or State education boards, the number of sanctioned seats, total admissions and the number of students admitted under the EWS and disadvantaged category quota. The Court observed that such data would assist in assessing the extent of compliance with the statutory mandate.
The petitioner submitted that the issue was not confined to isolated instances of non-compliance by individual schools and contended that the provisions of the RTE Act had not been effectively implemented in Punjab for nearly 15 years.
Referring to an affidavit filed by the State Government, the Chief Justice noted that Punjab had informed the Court that 476 children belonging to EWS and disadvantaged categories had been admitted to private schools under the statutory quota. The Court, however, indicated that the petitioner would be required to identify specific instances of non-compliance and assist the Court in determining whether the legislative scheme was being properly implemented.
The petitioner argued that, based on official figures, nearly two lakh students secure admission at the entry level in private schools across Punjab every year and, therefore, approximately 50,000 children should be admitted annually under the 25 per cent reservation quota prescribed by Section 12(1)(c). He further submitted that the issue had been the subject of continuous litigation over the years.
The Bench also sought clarification regarding the reimbursement mechanism for admissions granted under the EWS quota. The Chief Justice enquired about the State’s policy for compensating private schools for admitting students under the scheme and whether the institutions were reimbursed by the Government in accordance with the statutory framework.
In response, the petitioner submitted that the RTE Act itself provides for reimbursement of the fee amount determined by the Government. He further informed the Court that he had served as Joint Secretary in the Government of India in 2009 and had been associated with the drafting of the legislation. He clarified that he had no personal or institutional interest in the private school sector.
The Court thereafter suggested that the petitioner undertake a district-level study and place verifiable data on record regarding implementation of the Act. The Bench recommended selecting a comparatively backward district to assess the actual extent of compliance with the statutory provisions.
The petitioner informed the Court that he had already filed RTI applications across multiple districts seeking information regarding admissions under the EWS quota. According to him, the responses received indicated that no admissions had been granted under the scheme during the past 15 years. On this basis, he sought directions requiring intervention by the Union Government.
The Chief Justice, however, observed that the manner in which RTI queries are framed often influences the nature of the information supplied and emphasised that such queries must be drafted carefully and precisely to obtain meaningful data.
The petition seeks directions to the Union Government to exercise its constitutional powers under Articles 256 and 355 of the Constitution to ensure compliance by the State of Punjab with the provisions of the RTE Act, including Sections 12(1)(c), 12(2) and 18. The plea relies upon Article 21A of the Constitution, which guarantees the fundamental right to free and compulsory education for children.
The petitioner has also sought directions for the establishment of a transparent, time-bound and publicly accessible monitoring mechanism to ensure compliance with Section 12(1)(c). The proposed framework includes creation of public dashboards, publication of available seats and admission schedules, a simplified and accessible admission process, a structured reimbursement mechanism for schools and effective enforcement measures against non-compliance.
Additionally, the petition seeks a direction requiring the Union Government to place on record an affidavit detailing the steps proposed to secure effective implementation of the RTE Act in Punjab and ensure that eligible children from economically weaker and disadvantaged backgrounds receive the benefits guaranteed under the legislation.
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