State of Rajasthan v. Jaipur School
Case brief
What is this about?
RTE Act; Section 12(1)(c); 25% quota weaker sections disadvantaged groups; proviso 'provided further' in furtherance not exception; pre-primary entry level PP1 PP2 PP3; Class-I entry level; unaided non-minority private schools Rajasthan; Section 2(n) Section 11 Section 38 RTE Act; Article 21A Article 14 Constitution; neighbourhood criterion; reimbursement pre-school; State guidelines Academic Session 2023-24 and 2025-26; Single Judge judgment 18.07.2023; interim order 23.10.2021; PIL 7361/2020 9887/2020; D.B. Special Appeal Writ 738/2023 and connected appeals; delay condonation Section 5 Limitation Act; Society for Unaided Private Schools (2012) 6 SCC 1; Vikhe Patil 2015 SCC OnLine Bom 4732; Ramkishan Shrikishan Jhaver 1967 SCC OnLine SC 31.
What did the court decide?
Special appeals dismissed; PILs disposed with directions: Section 2(n)(iii)/(iv) schools to admit weaker-section/disadvantaged-group children from the neighbourhood up to 25% of class strength at the Pre School stage (PP1, PP2, PP3), maintain the 25% proportion at all levels, take no fresh separate 25% at Class-I where already admitted at a pre-primary level, admit additional students to restore 25% where Class-I falls short or strength increases; appropriate Government to issue circulars; pending applications disposed.