Reserve 25% Seats For Weaker Section In Class-I To Ensure Free Elementary Education Under RTE Act: P&H HC Tells Punjab's Private Schools

The Punjab & Haryana High Court today directed the Private unaided schools in Punjab covered under the Right To Education Act, 2009 (RTE Act) to reserve 25% seats for weaker section of the society and asked the functionary of the Punjab Government to ensure compliance for admissions for 2025-2026.

Chief Justice Sheel Nagu and Justice Harmeet Singh Grewal said, "As an interim measure all schools satisfying the criteria mentioned in sub clause (iii) and (iv) of clause (n) of section 2 of act of 2009 shall reserve 25% of seat for class I...and to be filed by the weaker section of the neighbourhood to provide free and elementary education."

Section 2 (n) states "school" means any recognised school imparting elementary education and includes- (i) a school established, owned or controlled by the appropriate Government or a local authority;

(iii) a school belonging to a specified category; and (iv) an unaided school not receiving any kind of aid or grants to meet its expenses from the appropriate Government or the local authority;

The development came while hearing a PIL filed by KS Raju Legal Trust which highlighted that the Punjab Government has surpassed the RTE Act by introducing Rule 7(4) in Punjab RTE Rule, 2011.

The plea states that the Rule has added a condition which does not exist under the RTE Act.

Section 12 (1) (c) of the RTE Act states, Extent of school's responsibility- (1) for free and compulsory education..(1) For the purposes of this Act, a school, - (c) specified in sub-clauses (iii) and (iv) of clause (n) of section 2 shall admit in class I, to ttre extent of at least twenty-five Per cent of the strenglh of that class, children belonging to weaker section and disadvantaged group in the neighbourhood and provide free and compulsory elementary education till its completion."

Whereas, Rule 7 (4), Punjab RTE Rules, 2011, states "All admissions of the children belonging to the weaker section and the disadvantage group shall be made by the school itself. If the children are unable to get admission in the schools referred to in sub-clauses (i) and (ii) of clause (n) of section 2 due to non-availability of seats or for any other reason, then their parents or guardians may apply to get admission in the schools referred to in sub clauses (iii) and (iv) of clause (n) of Section 2 against the 25% seats reserved for them. Admission to these seats shall be made by draw of lots."

The plea states that "Prima facie Rule 7 (4) of Punjab RTE Rules, 2011, is ultra vires the Article 21l-A of the constitution and RTE Act, 2009. Because of his Rule children belonging to the weaker sections and disadvantaged groups in Punjab are not able get admissions in Private unaided schools as provided for in the RTE Act 2009."

Till now, hardly any student has been admitted to a Private unaided school in Punjab under the provision of Section 12 (l) (c) of the RTE Act. Because of Rule 7 (4), even more than 1000 schools in Punjab affiliated with the Central Board of Secondary Education (CBSE) are not admitting students from the weaker sections though the CBSE affiliation bye-laws categorically emphasise that for the purpose of admission, a CBSE affiliated School shall be governed by the provisions of the RTE Act 2009, it added.

The matter is listed for March 27, for further consideration.

Title: KS RAJU LEGAL TRUST V/S STATE OF PUNJAB AND OTHERS