The ruling aims to ensure that all schools make available 25% free seats for children from weaker and disadvantaged sections as per Section 12(1)(c) of the RTE Act.
Key Directions
- Central/State Governments to frame and notify rules under Section 38 of RTE Act for implementing Section 12(1)(c).
- Rulemaking to be done in consultation with National Commission for Protection of Child Rights (NCPCR), State Commissions (SCPCRs), and National/State Advisory Councils.
- NCPRCR and SCPCRs, constituted under Commissions for Protection of Child Rights Act, 2005, are responsible for reviewing, monitoring and grievances redressal under RTE Act, 2009.
About Right of Children to Free and Compulsory Education Act or RTE Act
Constitutional Provisions related to Right to Education
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- Enacted to give effect to Article 21A of the Constitution.
- Section 3 grants right of every child (6–14 years) to free and compulsory education in a neighbourhood school till completion of elementary education.
- Duty of appropriate Government and local authority to establish neighbourhood schools.
- Duty of Government and Local Authorities to provide schools, infrastructure, teachers and learning facilities.
- Schools are entitled to reimbursement of per-child expenditure by the State.
Significance of Ruling
- Promotes substantive equality and social integration from early childhood.
- Gives enforceable and operational meaning to fraternity as a core constitutional principle.
- Reinforces the Common School System envisioned by the Kothari Commission.
