State of Rajasthan v. Neerja Modi School
RTE Act, 2009 – Section 12(1)(c) and its proviso
Case brief
What is this about?
RTE Act Section 12(1)(c) proviso; 25% reservation weaker sections disadvantaged groups; pre-school entry levels PP1 PP2 PP3; unaided schools Section 2(n); Class I entry; neighbourhood clause; State guidelines Rajasthan; Article 21A inclusive interpretation; Article 14 classification; Society for Unaided Private Schools of Rajasthan (2012) 6 SCC 1; Vikhe Patil Memorial School (Bom); proviso in furtherance not exception; reimbursement; Rajasthan High Court Jaipur DB Special Appeal Writ 738/2023, decided 8th January 2026; Right to Education admissions; school recognition pre-primary.
What did the court decide?
Special appeals dismissed; learned Single Judge's judgment dated 18.07.2023 upheld to the extent indicated. PIL Writ Petitions Nos. 7361/2020 and 9887/2020 disposed of with directions that schools under sub-clauses (iii) and (iv) of clause (n) of Section 2 of the RTE Act admit children from marginalized and weaker sections from the neighbourhood up to 25% of class strength at the pre-school stage (PP1, PP2, PP3), maintain 25% at all levels, and top up at Class I if the percentage falls short; the appropriate Government to issue circulars. Leave to appeal allowed in SAW 103/2024; delay condoned in SAW Nos. 103, 390, 391, 392, 393, 394, 396, 402, 403 and 414 of 2024; pending applications disposed of.