SC Uphold Mandatory Admissions in Schools Under Right to Education Act

Syllabus: GS2/Polity and Governance

Context

• The Supreme Court upheld the mandatory admission of students under the Right to Education Act, calling it a national mission. 

Key Highlights of the Judgment

• The neighbourhood schools, including private unaided institutions, are legally bound to admit students allotted by the state government without delay.
• Denying admission to children from weaker and disadvantaged sections violates their fundamental right to education under Article 21A of the Constitution.
  • The court emphasised that 25% reservation for such students under the RTE Act has the potential to transform the social structure of society and promote equality.
• The court also stated that once the state forwards the list of selected students, schools have no option but to grant admission. 
• It warned that any obstruction would render the right to education an empty promise.

Right to Education Act

• Evolution: Education in the Indian constitution is a concurrent issue and both centre and states can legislate on the issue.
  • The Right to Education (RTE) was originally a Directive Principle of State Policy (DPSP) under Article 45 before becoming a Fundamental Right. 
  • It was moved from the non-justiciable DPSP to Part III as a Fundamental Right (Article 21A) via the 86th Constitutional Amendment Act, 2002, making it an enforceable right.
• The Right to Education Act (RTE), is an Act of the Parliament enacted in 2009.
• India became one of 135 countries to make education a fundamental right of every child when the Act came into force in 2010.
• Major Provisions:
  • The Act makes education a fundamental right of every child between the ages of 6 and 14 and specifies minimum norms in elementary schools. 
  • All Government schools shall provide free and compulsory education to all children.
  • Government aided schools have to provide free and compulsory education proportionate to the funding received, subject to a minimum of 25%.
  • It requires all private schools to reserve 25% of seats to children (to be reimbursed by the state as part of the public-private partnership plan).
    • Children are admitted into private schools based on economic status or caste based reservations. 
  • The Act also provides that no child shall be held back, expelled, or required to pass a board examination until the completion of elementary education. 
  • There is also a provision for special training of school drop-outs to bring them up to par with students of the same age.

Significance of the Judgement

• Universal Access: Ensures free and compulsory education for children (6–14 years) under Article 21A of the Constitution.
• Social Equity: Promotes inclusion through provisions like reservation for disadvantaged groups, reducing caste, gender, and economic inequalities.
• Human Capital Development: Builds an educated workforce, supporting economic growth and demographic dividend.
• Empowerment: Strengthens the vision of a Common School System under the Right to Education Act, as originally proposed by the Kothari Commission.
• Nation-building & Global Goals: Supports inclusive development and aligns with United Nations SDG-4 (Quality Education).

 Source: AIR