SC seeks Centre, Punjab reply on plea alleging 15-year delay in RTE quota implementation
Supreme Court has sought responses from Centre and Punjab govt on a PIL alleging failure to implement RTE Act's 25% reservation for EWS students in private schools for past 15 years
PTC Web Desk: The Supreme Court has sought responses from the Centre and the Punjab Government on a public interest litigation (PIL) alleging that key provisions of the Right of Children to Free and Compulsory Education (RTE) Act, 2009, have not been effectively implemented in Punjab since the law came into force.
The petition, filed by KS Raju Legal Trust, contends that private unaided schools across the state have failed to comply with Section 12(1)(c) of the RTE Act, which mandates reservation of 25 per cent seats at the entry level for children from economically weaker sections (EWS) and disadvantaged groups.
A Bench headed by Chief Justice of India Surya Kant and also comprising Justice V Mohan directed notices to the Centre and the Punjab Government. During the hearing, the Bench advised the petitioner to obtain detailed information through the Right to Information (RTI) Act regarding the number of recognised private schools in districts such as Fazilka, their board affiliations, sanctioned intake, total enrolment and the number of EWS students admitted.
“We are issuing notice. Meanwhile, collect this information. It will assist us in understanding the extent of the issue,” the Bench observed.
The PIL seeks directions to the Punjab Government to ensure strict enforcement of the RTE Act, particularly the provision requiring private schools to reserve at least one-fourth of their entry-level seats for eligible children. It has also urged the Centre to establish a transparent and publicly accessible monitoring system to track compliance with the law in Punjab.
The petitioner has further demanded publication of available seats under the quota, admission schedules, an easy application process, a reimbursement mechanism for schools and enforcement measures against institutions that fail to comply.
During the proceedings, the Bench asked whether specific schools violating the provision had been identified. The petitioner referred to the Supreme Court’s 2012 judgment that upheld the constitutional validity of the RTE Act and reiterated that the law's implementation remained inadequate in Punjab.
The court also took note of a Punjab Government affidavit stating that 476 students from economically weaker sections had been admitted to private schools. However, the petitioner argued that the figure was disproportionately low and claimed that, given the annual intake in private schools, the number of beneficiaries should be significantly higher.
The Bench also sought clarity on the state's reimbursement policy for schools admitting students under the quota. Responding to the query, the petitioner stated that the RTE Act provides for reimbursement of fees at rates determined by the government.
The petitioner, appearing in person, informed the court that he had previously served as a Joint Secretary in the Government of India and was involved in drafting the RTE Act. He maintained that his concern was limited to ensuring proper implementation of the legislation and not advancing the interests of private schools.
The matter will be taken up after responses are filed by the Centre and the Punjab Government.