Supreme Court raps states over RTE quota rules

The Supreme Court on Tuesday held that the obligation of private unaided schools to admit children from Weaker Sections (WS) and Disadvantaged Groups (DG) under the Right of Children to Free and Compulsory Education Act, 2009 cannot be rendered ineffective due to the absence of binding statutory rules.
A bench of Justices P S Narasimha and Atul S Chandurkar ruled that Standard Operating Procedures (SOPs) issued by child rights bodies do not have the force of law and cannot substitute enforceable rules. It observed that implementation of Section 12(1)(c) of the RTE Act through SOPs alone had resulted in serious gaps on the ground, thereby defeating the constitutional mandate under Article 21A.
The court directed states and Union Territories to frame enforceable rules under Section 38 of the Act, in consultation with child rights bodies, to ensure effective implementation of the 25 per cent admission mandate in private unaided schools. “These guidelines do not partake the character of enforceable rules, violation of which would render the duty bearers answerable to the reviewing or controlling authority. Uncertainty about compliance would also complicate judicial review. Without such enforceable rules, the object of Article 21A and the statutory policy under Section 12(1)(c) would become a dead letter,” the bench said.
The ruling arose from a petition filed by a parent whose children were denied admission under the 25 per cent quota in a neighbourhood private school in Maharashtra, despite RTI information showing availability of seats. After the school failed to respond, the parent approached the Bombay High Court.
The High Court dismissed the plea, stating that the petitioner had failed to follow the prescribed online admission process and therefore “must blame himself”, despite a letter from the Primary Education Officer of Gondia Zila Parishad requesting admission on humanitarian grounds.
The officer had noted that the family was extremely poor, lived within three kilometres of the school and that 648 seats were vacant. After the High Court order, the petitioners moved the Supreme Court.