Maharaja Sawai Man Singh Vidyalaya v. State of Rajasthan
Education – Right of Children to Free and Compulsory Education Act, 2009 – Sections 2(n), 11, 12(1)(c) and proviso
Case brief
What is this about?
RTE Act 2009; Section 12(1)(c) proviso interpretation; 'provided further' in furtherance not exception; 25% reservation weaker sections disadvantaged groups; pre-school/pre-primary entry levels PP1 PP2 PP3; Class-I top-up admission; neighbourhood criterion; reimbursement Section 12(2); Rajasthan unaided non-minority schools; Society for Unaided Private Schools of Rajasthan (2012) 6 SCC 1; Vikhe Patil Memorial School (Bom); D.B. Special Appeal Writ, Rajasthan High Court Jaipur.
What did the court decide?
All special appeals dismissed and the PILs disposed of with directions: schools specified in sub-clauses (iii) and (iv) of clause (n) of Section 2 RTE Act to admit up to 25% children of weaker sections and disadvantaged groups from the neighbourhood at the pre-school stage (PP1, PP2, PP3), maintain the 25% ratio at all levels including Class-I (with additional admissions at Class-I where the ratio falls short), and the appropriate Government to issue circulars; leave application in SAW 103/2024 allowed and delays in specified appeals condoned; all pending applications disposed of.