State of Rajasthan v. All Saints Senior Secondary School
Case brief
What is this about?
RTE Act 2009; Section 12(1)(c) proviso; 25% quota weaker sections disadvantaged groups; pre-primary PP1 PP2 PP3 entry level; Class-I elementary education; neighbourhood clause; Section 11 pre-school education; Section 38 rule-making; Rajasthan State guidelines 2020-21, 2023-24, 2025-26; reimbursement; D.B. Special Appeal Writ No. 738/2023; PIL 7361/2020 and 9887/2020; Society for Unaided Private Schools of Rajasthan (2012) 6 SCC 1; Dr. Vikhe Patil Foundation 2015 SCC OnLine Bom 4732; Commissioner of Commercial Taxes v. Ramkishan Shrikishan Jhaver 1967 SCC OnLine SC 31 (proviso 'provided further' means in furtherance, not exception); State of Punjab v. Principal Secretary to Governor of Punjab (2024) 1 SCC 384 (cited by counsel); Article 21A; Article 14 reasonable classification.
What did the court decide?
All special appeals dismissed and the learned Single Judge's judgment dated 18.07.2023 upheld to the extent indicated; PILs disposed of with directions that schools under sub-clauses (iii) and (iv) of clause (n) of Section 2, RTE Act admit children of marginalized/weaker sections from the neighbourhood up to 25% of class strength at the pre-school stage (PP1, PP2, PP3), maintain the 25% ratio at all levels (topping up at Class-I if it falls below 25%), with no fresh 25% admission at Class-I where 25% was already admitted at the first initial stage; the appropriate Government directed to issue circulars; all pending applications disposed of.