January 15, 2026 : In a significant ruling with nationwide implications for school education, the Supreme Court of India has directed States and Union Territories to frame statutory rules to enforce the 25 per cent reservation mandate for children from Economically Weaker Sections (EWS) and Disadvantaged Groups in private unaided non-minority schools under the Right of Children to Free and Compulsory Education Act, 2009.
The reportable judgment was delivered on 13 January 2026 in Dinesh Biwaji Ashtikar v. State of Maharashtra & Ors., arising from a challenge to the long-standing non-implementation of Section 12(1)(c) of the RTE Act. A Bench comprising Justice P. S. Narasimha and Justice A. S. Chandurkar held that executive guidelines and circulars cannot substitute mandatory rule-making when a fundamental right under Article 21A of the Constitution is at stake.
At the heart of the case was a structural governance gap. While Section 12(1)(c) imposes a clear obligation on private unaided schools to admit children from weaker sections at the entry level, many States have failed to notify rules under Section 38 of the Act. This has resulted in widespread under-utilisation of RTE seats, opaque admission processes, and the exclusion of eligible children despite the statutory guarantee.
The Court made it clear that the right to education is not satisfied by formal recognition alone. It described Article 21A as a positive obligation that requires States to design enforceable systems to make the right meaningful and accessible. The judgment emphasised that compliance with the 25 per cent quota is not a matter of policy discretion or charity, but a constitutional duty flowing from the RTE Act and the equality mandate.
In a move aimed at ensuring real compliance, the Court directed that the National Commission for Protection of Child Rights (NCPCR) be impleaded as a party respondent. The Commission has been tasked with consulting State and National Advisory Councils, collating State-wise information on whether rules have been framed, and filing a consolidated affidavit before the Court by 31 March 2026. The matter has been listed for further hearing on 6 April 2026, signalling continuing judicial supervision rather than a one-time directive.
Senior Advocate Senthil Jagadeesan assisted the Court as amicus curiae, supported by a team of advocates, reflecting the complexity and nationwide impact of the issue. The judgment marks a clear shift from symbolic enforcement of the RTE Act toward institutional accountability, reinforcing the principle that a right without enforceable procedures is no right at all.
For millions of children excluded from quality education due to poverty and systemic barriers, the ruling transforms Article 21A from a constitutional promise into a concrete pathway. The next phase now depends on whether States act in time to translate the Court’s mandate into functioning admission systems on the ground.
