State of Rajasthan v. Shri Maheshwari Senior Secondary School
RTE Act – Section 12(1)(c) and its proviso
Case brief
What is this about?
Rajasthan HC (Jaipur Bench, DB: Sanjeev Prakash Sharma, ACJ & Baljinder Singh Sandhu, J) batch of special appeals and PILs on entry level for 25% RTE quota: proviso to Section 12(1)(c) RTE Act is additive, mandating 25% weaker-section/disadvantaged-group admissions at PP1/PP2/PP3 as well as Class-I, with maintenance/top-up of the 25% ratio at all levels and neighbourhood-based allotment. Keywords: RTE Act 2009, Section 12(1)(c), proviso, entry level, pre-primary, PP1 PP2 PP3, 25% reservation, Article 21A, Article 14, neighbourhood, reimbursement (not separately answered by the Division Bench). Precedents engaged: Society for Unaided Private Schools of Rajasthan (2012) 6 SCC 1 (relied); Commissioner of Commercial Taxes v. Ramkishan Shrikishan Jhaver, 1967 SCC OnLine SC 31 (relied); Dr. Vikhe Patil Foundation's Vikhe Patil Memorial School, 2015 SCC OnLine Bom 4732 (relied); State of Punjab v. Principal Secretary to Governor, (2024) 1 SCC 384 (referred, cited by school counsel).