Supreme Court initiates steps to enforce 25% free seats in schools under RTE

Calling shared schooling essential to constitutional fraternity, the Supreme Court has initiated steps to strictly enforce the 25% free seat provision under the Right to Education Act across all schools.

The Supreme Court on Tuesday initiated steps to ensure strict implementation of the Right to Education (RTE) Act provision that mandates 25% free seats for children from poor and disadvantaged sections in schools.

Emphasising the constitutional value of fraternity, the apex court observed that genuine social unity can be achieved only when children from vastly different economic backgrounds share the same learning space. The court said a rickshaw puller’s child studying alongside the child of a multi-millionaire or even a Supreme Court judge reflects the true spirit of the Constitution.

A bench comprising Justices P S Narasimha and A S Chandurkar stated that the RTE Act envisions elementary education for all children in a common institutional environment, without discrimination based on caste, class, gender, or financial status. Writing the judgment, Justice Narasimha explained that Section 12 of the Act structurally enables children from all social backgrounds to sit together in the same classroom and even on the same bench.

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The court rejected the long-held belief that fraternity is a non-enforceable constitutional principle. It clarified that unlike equality and liberty, which are often asserted as individual rights, fraternity is relational and functions through institutions that help children move beyond identities shaped by caste or class and develop bonds of equality.

The bench noted that the 25% inclusion mandate under Section 12(1)(c) of the RTE Act is not merely a welfare scheme. Instead, it is a mechanism to realise the constitutional commitment to fraternity and child development, as recognised under Article 21A and Article 39(f).

The judgment also referred to the Kothari Commission’s recommendation of a Common School System, which advocated equal education for children from all sections of society without discrimination. It further cited a statement by the Union HRD Ministry, which addressed concerns about disadvantaged children adjusting in elite school environments. The ministry noted that such challenges can be overcome when teachers treat these children as sources of knowledge, thereby enhancing their confidence, dignity, and equal status.

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Highlighting gaps in implementation, the court said it is essential to frame detailed rules and regulations to guide the admission of children from weaker and disadvantaged sections into neighbourhood schools. The bench directed authorities to draft subordinate legislation under Section 38 of the RTE Act.

The court instructed the appropriate governments to prepare these rules in consultation with the National Commission for Protection of Child Rights (NCPCR), State Commissions for Protection of Child Rights (SCPCRs), and National and State Advisory Councils. It further directed the NCPCR to collect information from states and Union Territories regarding the issuance of such rules and submit an affidavit to the court by March 31. The matter has been listed for further hearing on April 6.