Case Laws

Relevant judgements to the 25 percent clause i.e. Section 12 (1) (c) of the Right of Children to Free and Compulsory Education Act, 2009 (Amendment, 2012)

Nursery Admissions

19 February 2013, Delhi High Court

Social Jurist versus Government of NCT of Delhi [WP(C) 8533/2010] &

Delhi Commission for Protection of Child Rights versus Union of India [WP(C) No.263/2011]

The judgement clarified that the Right to Education Act is applicable to nursery schools with respect to the 25 percent reservation of seats for weaker section and disadvantaged groups, but is not applicable for the remaining 75 percent of admissions.

The order further encourages an amendment to the Act ,

"it is the right time for the Government to consider the applicability of Right to Education Act to the nursery classes as well.....educational institution cannot be allowed to run as "teaching shops" as the same would be detrimental to equal opportunity to children."

Scheduled Caste and Schedule Tribe

10 October April 2012, Delhi High Court

Jatin Singh versus Kendriya Vidyalaya Sangathan [W.P.(C) No.4194 of 2011] &

Social Jurist versus Kendriya Vidyalaya Sangathan [W.P.(C) No.801 of 2012]

The court ruled that it is illegal for schools to earmark sub-quotas for Scheduled Castes and Scheduled tribes within the mandatory 25 percent of seats reserved for children belonging to disadvantaged group and children belonging to economically weaker sections.

Entry Level Reservation

24 May 2012, Delhi High Court

Social Jurist versus Government of NCT of Delhi [W.P.(C) No.8434 of 2011]

The order clarifies that:

"(a) Those schools which are imparting pre-school education shall provide for 25 percent admission to children belonging to EWS and dis-advantaged groups at pre-school level;

(b)Those schools which do not have pre-school education and are admitting children in class 1 will provide 25 percent reservation to children belonging to weaker section and dis-advantaged groups at that level;

(c) Those, schools which have pre-school education and are making fresh admission in pre-primary and class-1 will have to conform to 25 percent reservation at all levels wherever fresh admissions are there"

Constitutional Validity

12 April 2012, Supreme Court

Society for Un-aided Private Schools of Rajasthan versus Union of India [W.P.(C) No.95 of 2010]

This Supreme Court order upheld the constitutional validity of the The Indian Right of Children to Free and Compulsory Education Act, 2009.

It clarified that,

"No distinction or difference can be drawn between unaided minority and non-minority schools with regard to appropriation of quota by the State or its reservation policy under Section 12(1)(c) of the Act. Such an appropriation of seats can also not be held to be a regulatory measure in the interest of the minority within the meaning of Article 30(1) or a reasonable restriction within the meaning of Article 19(6) of the Constitution.

But it states that,

"Madrasas, Vedic Pathshalas etc. which predominantly provide religious instructions and do not provide for secular education stand outside the purview of the Act."

Neighbourhood Criteria

31 January 2012, Delhi High Court

Federation of Public Schools versus Govt of NCT of Delhi WP(C) 636/2012 &

Federation of Public Schools versus Director (Education) WP(C) 40/2012

The Court directs that:

"(i) Admission shall first be offered to eligible students belonging to EWS and disadvantaged group residing within 1 Km. of the specific schools;

(ii) In case the vacancies remain unfilled, students residing within 3 kms. of the schools shall be admitted;

(iii) If there are still vacancies, then the admission shall be offered to other students residing within 6 kms. of the institutions;

(iv) Students residing beyond 6 kms. shall be admitted only in case vacancies remain unfilled even after considering all the students within 6 kms. area."

Inspired and judgments provided by: Ashok Agarwal, Social Jurist