State of Rajasthan v. Modern School
Case brief
What is this about?
Bunch of D.B. Special Appeals (Writ) and two PILs, Rajasthan HC Jaipur Bench (pronounced 08-01-2026): entry level and 25% reservation under proviso to Section 12(1)(c), RTE Act 2009; pre-primary PP1/PP2/PP3 and Class-I entry levels; unaided non-minority schools; inclusive reading of 'elementary education' under Article 21A; neighbourhood clause; reimbursement; relies on Society for Unaided Private Schools of Rajasthan (2012) 6 SCC 1, Commissioner of Commercial Taxes v. Ramkishan Shrikishan Jhaver (1967) on construction of provisos, and Dr. Vikhe Patil Foundation's Vikhe Patil Memorial School (Bombay HC, 2015 SCC OnLine Bom 4732); State of Punjab v. Principal Secretary to Governor of Punjab (2024) 1 SCC 384 cited by counsel (referred); special appeals dismissed, PILs disposed with directions to the appropriate Government to issue circulars.
What did the court decide?
Special appeals dismissed; the two PIL writ petitions disposed of with directions that schools falling in sub-clauses (iii) and (iv) of clause (n) of Section 2 of the RTE Act admit neighbourhood children of marginalised/weaker sections up to 25% of class strength at the pre-school stage (PP1, PP2, PP3), maintain the 25% proportion at all levels, and that the appropriate Government issue circulars; learned Single Judge's judgment upheld to the aforesaid extent; all pending applications disposed of.