Schools to Ensure Inclusion of Children from Weaker Sections and Disadvantaged Groups from Pre-Primary Level
In a significant judgment, the Rajasthan High Court, Jaipur Bench, has ruled that schools providing pre-primary education must adhere to the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) by reserving 25% of seats for children from weaker sections and disadvantaged groups. This mandate extends to all pre-primary levels (PP1, PP2, PP3), as well as Class I, aligning with the constitutional guarantee under Article 21A for free and compulsory education.
The Division Bench, consisting of Acting Chief Justice Sanjeev Prakash Sharma and Justice Baljinder Singh Sandhu, addressed multiple writ petitions and appeals challenging the State Government’s guidelines that limited RTE admissions to Class I. The Court observed that such restrictions violated the statutory scheme of the RTE Act, which encompasses pre-school education under its mandate.
The Court emphasized the State Government's duty to facilitate free pre-school education and held that guidelines restricting RTE admissions to only Class I were contrary to the Act's provisions. It further clarified that schools must maintain a consistent 25% reservation for eligible children throughout pre-primary levels, with adjustments at Class I if needed.
The judgment underscores the inclusive interpretation of "elementary education" to include pre-primary education, acknowledging its critical role in realizing the right to education for children above three years. The Court rejected the State's argument that reimbursement obligations limited the application of RTE provisions to Class I, affirming that schools are bound to fulfill the statutory responsibility of providing free education to marginalized communities at every entry level.
This ruling reinforces the RTE Act's objective of social inclusion and equitable education access, ensuring that children from weaker sections are not left behind at the foundational stages of education. The State Government has been directed to issue circulars implementing this directive and ensuring compliance by all relevant schools.
Bottom Line:
Right of Children to Free and Compulsory Education Act, 2009 - State Government is obligated to ensure that children from weaker sections and disadvantaged groups are admitted at the pre-primary level in schools providing pre-school education.
Statutory provision(s): Right of Children to Free and Compulsory Education Act, 2009 Sections 11, 12(1)(c), 2(n), 38; Constitution of India, Article 21A.
