Page 68 - EW November 2025.pdf Final

Cover Story

SC upholds RTE Act, 2009

n a landmark judgement delivered on April 12, 2012 in Unaided
Private Schools of Rajasthan vs. Union of India & Anr, the
Supreme Court upheld the constitutional validity of the Union
Igovernment’s Right of Children to Free and Compulsory Educa-
tion (RTE) Act, 2009, and particularly the controversial s.12 (1) (c)
— reserving 25 percent capacity for poor neighbourhood children in
elementary classes of private schools. But the full impact of reserva-
tion was diluted by exempting minority (and boarding) schools. Since
then, a large number of private schools have claimed linguistic and/or
religious minority status.
However, while the impact of s.12 (1) (c) has been diluted by exemp-
tion of minority schools, this judgement forced open the flood gates for
entry of dreaded licence-permit-quota-raj and inspector regime into
private K-12 education.
See www.educationworld.in Archives (‘Supreme Court green light for
licence-permit-quota-raj in school education’ — May 2012)

68 EDUCATIONWORLD NOVEMBER 2025