New Delhi: The Supreme Court on Monday issued notice to the Punjab government on a Public Interest Litigation (PIL) alleging continued non-implementation of the Right of Children to Free and Compulsory Education (RTE) Act, 2009, resulting in the denial of free education to children belonging to weaker sections and disadvantaged groups.
A Bench of Chief Justice of India (CJI) Surya Kant and Justice V. Mohana passed the order while hearing a petition filed by K.S. Raju Legal Trust through its representative, Dr Jagmohan Singh Raju.
During the hearing, the petitioner contended that several private schools in Punjab have failed to implement the mandate under Section 12(1)(c) of the RTE Act, which requires private unaided non-minority schools to reserve at least 25 per cent seats at the entry level for children from economically weaker sections and disadvantaged groups.
Referring to the government’s response, the CJI observed that a counter affidavit confirmed admissions under the economically weaker sections (EWS) category in private schools.
However, the petitioner submitted that while at least 50,000 students ought to have been admitted under the EWS quota, information obtained through the Right to Information (RTI) Act showed that some schools had not admitted even a single child under the scheme for nearly 15 years.
At this, the CJI Kant-led Bench advised the petitioner to undertake a comprehensive study and gather data on the number of recognised private schools and admissions made under the RTE quota.
“Conduct a study and find out how many schools have refused it. RTI has to be framed intelligently. See how many private schools are recognised, how many admissions have been made,” the top court remarked while issuing notice.
The matter has been listed for further hearing on August 17.
The petition claimed that despite the enactment of the RTE Act to operationalise the fundamental right to education under Article 21A of the Constitution, the statutory mandate under Section 12(1)(c) has remained “substantially unimplemented” in Punjab since the law came into force in 2009.
According to the plea, the continued failure to implement Sections 12(1)(c), 12(2) and 18 of the RTE Act has rendered the constitutional guarantee under Article 21A “illusory in practice” for children belonging to weaker sections and disadvantaged groups.
It contended that the denial of admission under Section 12(1)(c) causes irreversible harm because the entitlement is confined to entry-level admissions and cannot be availed once a child crosses the prescribed age.
The PIL contended that despite directions issued by the Punjab and Haryana High Court in 2025 and subsequent contempt proceedings, effective compliance has not been secured.
It also refers to observations of the P&H High Court describing the state government’s approach as “lackadaisical” and recording prima facie findings of wilful disobedience of judicial directions.
Seeking intervention under Article 32, the plea has prayed for directions to the Union government to exercise its constitutional authority under Articles 256 and 355 to secure effective compliance by Punjab with the provisions of the RTE Act.
Among other reliefs, it has sought the creation of a transparent and time-bound monitoring mechanism, including public dashboards, publication of available seats and admission schedules, a reimbursement framework for schools, and enforcement measures against non-compliant schools.
The petitioner also sought interim directions to ensure that no eligible child is denied admission during the ongoing 2026-27 admission cycle and that corrective measures, including supplementary admission rounds, are considered to secure effective implementation of the law.
(IANS)
