In a landmark decision, the Punjab and Haryana High Court has ordered all private unaided recognized schools in Punjab to reserve 25% of their Class 1 seats for children from economically weaker sections (EWS) and disadvantaged backgrounds. This directive aims to reinforce the implementation of the Right of Children to Free and Compulsory Education Act, 2009, and is set to take effect from the 2025-26 academic session.
The ruling was issued by a bench comprising Chief Justice Sheel Nagu and Justice HS Grewal, who emphasized that statutory acts prevail over conflicting rules. The court’s decision, detailed in orders passed on February 19 and disclosed on Tuesday, seeks to correct imbalances in educational opportunities afforded to underprivileged children.
The court’s orders were in response to a petition filed by Jagmohan Singh Raju, who challenged the effectiveness of Rule 7(4) of the Punjab RTE Rules, 2011. According to Raju, this rule undermines the very essence of the RTE Act by requiring EWS children to first seek admission in government or aided schools and only allowing them to apply for reserved seats in private schools if no government seats are available. This process, including a draw of lots for admissions, was argued to detract significantly from the intended inclusivity of the RTE Act.
Highlighting the mandatory nature of the RTE Act’s provisions, the petitioner cited Section 12(1)(c), which obligates schools falling under the specified criteria to allocate 25% of their Class I capacity to children from weaker sections and disadvantaged groups within their vicinity, thus ensuring their right to free and compulsory education.
