State of Rajasthan v. Yogendra Upadhyay S/O Shri Ghanshyam Lal Sharma
RTE Act – Section 12(1)(c) with proviso – Admission of children from weaker sections and disadvantaged groups
Case brief
What is this about?
Division Bench of Rajasthan High Court (Jaipur) comprising Acting Chief Justice Sanjeev Prakash Sharma and Justice Baljinder Singh Sandhu decided a bunch of special appeals and connected PILs concerning the Right of Children to Free and Compulsory Education Act, 2009 ('RTE Act'). The Court held that the proviso to Section 12(1)(c) mandates reservation of 25% seats for children of weaker sections and disadvantaged groups at the Pre-School stage (PP1, PP2 and PP3) in unaided non-minority private schools, in addition to Class-I, wherever such schools offer pre-primary classes. It rejected the contention that once 25% is admitted at Pre-School level no further admission is needed at Class-I, holding that the 25% ratio must be maintained at all levels. The judgment relied on Supreme Court precedents including Society for Unaided Private Schools of Rajasthan v. Union of India and Commissioner of Commercial Taxes v. Ramkishan Shrikishan Jhaver. Special appeals dismissed; PIL disposed of with directions.