State of Rajasthan v. Bharatiya Vidya Bhavan Vidyashram
RTE Act, 2009 – Section 12(1)(c) and proviso
Case brief
What is this about?
Batch of D.B. Special Appeals (Writ) led by SAW 738/2023 and connected PILs 7361/2020 & 9887/2020, Rajasthan HC Jaipur Bench (ACJ Sanjeev Prakash Sharma, J Baljinder Singh Sandhu), pronounced 08.01.2026. Keywords: RTE Act Section 12(1)(c); proviso construction 'provided further'; 25% weaker section / disadvantaged group quota; entry level; pre-primary PP1 PP2 PP3 vs Class-I; neighbourhood clause; Section 2(n)(iii)/(iv) unaided schools; Section 11 pre-school duty; Section 38 rule-making power; Article 21A/21-A; Article 14 reasonable classification; reimbursement Section 12(2)/7; Single Judge judgment 18.07.2023 partly allowed and upheld in part; delay condonation Section 5 Limitation Act; schools: Rukmani Birla, Mayoor, MSMS Vidyalaya, Neerja Modi, Sanskar, Bharatiya Vidya Bhavan, Progressive School Association.
What did the court decide?
Leave to file appeal in S.A.W. No.103/2024 granted and delay condoned in specified appeals under Section 5 of the Limitation Act. Special appeals dismissed; PILs disposed of with directions that Section 2(n)(iii)/(iv) schools admit up to 25% weaker-section/disadvantaged-group children from the neighbourhood at pre-school stage (PP1/PP2/PP3), maintain the 25% at all levels with top-up at Class-I if short, and the appropriate Government shall issue circulars accordingly. Pending applications disposed of.