Right to education in india: punjab and haryana high court latest judgement, now private schools will give 25% to children comes from disadvantaged and economically weaker sections of society..

Jalandhar(11/03/2025): The Punjab government issued a notification on 18/11/2010, stating that all private schools in Punjab must reserve 25% of seats for children from disadvantaged and economically weaker sections of society. This means that under this rule, children from these groups will receive free education in private schools. Specifically, the notification mentioned that 12.5% of seats would be reserved for children from economically weaker families, 5% for children from scheduled caste groups, and 5% for children from BC (Backward Classes) and OBC (Other Backward Classes) categories. It is important to note that children from the creamy layer of BC and OBC categories are excluded from this benefit, and there is no income limit for children from scheduled castes. This means any child from a scheduled caste background will benefit from this rule.

Additionally, 1.25% of the seats were reserved for children of war widows, and 1.25% for children of destitute parents (with at least 50% disability). The Punjab government will provide the fee for these 25% students in accordance with the RTE (Right to Education) Act of 2009. Based on this notification, BJP leader Jagmohan Singh Raju filed a public interest litigation (PIL) in the Punjab and Haryana High Court, and on 19/02/2025, the court issued an order regarding this matter. In the PIL, Raju challenged Rule 7(4) of the Punjab Right of Children to Free and Compulsory Education Rules, 2011.

Now, what is Rule 7(4)? It specifies that children from economically weaker and backward classes should first seek admission in government schools before applying for reserved seats in private schools. This application can only be made if they obtain a No Objection Certificate (NOC) from the government school. Jagmohan Singh Raju argued before the court that this rule undermines the right to education provided by the Constitution of India, which aims to empower children from disadvantaged and backward groups.

Raju further argued that under Section 12(1)(c) of the Right to Education Act, 2009, it is mandatory for private, unaided schools to reserve at least 25% of seats at the entry level (Class 1 or Pre-Primary) for children from disadvantaged groups and weaker sections to ensure they receive free and compulsory education. He requested that the court consider Rule 7(4) of the Punjab RTE rules and Section 12(1)(c) of the RTE Act, 2009, as contradictory, with the Act taking precedence in case of a conflict between the two.

After hearing all sides, the court directed that as an interim measure, all private, unaided, recognized schools that meet the criteria under Clause (iv) of Clause (n) of Section 2 of the 2009 Act must reserve 25% of seats in Class 1 for children from economically weaker and disadvantaged groups living near the school, in order to provide them with free and compulsory education. The court instructed the Punjab State authorities to ensure compliance with this order for the 2025-2026 academic session.

This petition is still pending in court, and the next hearing is scheduled for 27/03/2025. 

Further should discuss the importance of considering the constitutional provisions related to the Right to Education in India.

Article 21A. Right to education.- The state shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the state may, by law, determine.

 Notes on article 21A

Right of children to free and compulsory education act, 2009:

section 12(1)(c) and 18(3) of the 2009 act infringed the fundamental freedom guaranteed to unaided minority school under article 30(1) and, consequently, they would not be covered by this act; society for unaided private schools of rajasthan v. union of india(2012) 6 SCC 1. However this decision has been overturned in pramati educational cultural trust v. union of india, (2014) 8 SCC 1.

Scope

Right to education includes right to safe education; avinash mehrotra v. union of india, (2009) 6 SCC 398: 2009 AIR SCW 2589

The right of a child to free and compulsory education is a part of the fundamental rights under article 21A of the constitution. The total indifference of the government authorities is leading to the violation of the fundamental rights of the children; environmental and consumer protection foundation v. Delhi administration, (2011) 7 SCC 57: 2012 AIR SCW 1129

The right of a child should be extended to have quality education without discrimination on the ground of child’s economic, social and cultural backgrounds; state of tamil nadu v. k. shyam sunder, (2011) 8 SCC 737(756): AIR 2011 SC 3470: 2011 AIR SCW 5014

Article 21A was strengthened by adding a clause(k) to article 51A, which provides that it is a duty of a parent or guardian to provide opportunities for education to his/her child or ward between the age of 6 and 14 years; maharishi Mahesh yogi vedic vishwavidyalaya v. state of Madhya Pradesh, (2013) 15 SCC 677.

Merely because article 21A of the constitution has treated primary education as a fundamental right that does not confer any right on an encroacher of the land to seek regularisation on the ground that ultimately some children of the particular age would be taught in the school; city and industrial development corpn of Maharashtra v. ekta mahila mandal, (2007) 7 SCC 701.