While reinforcing the mandate of the Right of Children to Free and Compulsory Education Act, 2009, the Supreme Court of India has held that private “neighbourhood schools” are duty-bound to grant admission to students allotted by the State Government without delay, and cannot sit in appeal over such decisions.
The bench of Justice Pamidighantam and Narasimha Alok Aradhe has observed that once a student is selected and allotted by the State under the RTE framework, the school has no discretion to deny admission.
The Court emphasized that such refusal undermines the fundamental right to education guaranteed under Article 21A of the Constitution of India and defeats the statutory scheme.
The case arose when a student applied for admission to a pre-primary class under the RTE scheme for the academic year 2024–25 in Uttar Pradesh. After being duly selected through the State’s process, her name was forwarded to the petitioner school.
However, the school denied admission citing “uncertainty” about her eligibility. Aggrieved, the student approached the High Court, which ruled in her favour, stating that schools cannot override the State’s selection process.
The Supreme Court affirmed this view.
The Court strongly observed that the right to education would remain an “empty promise” unless implemented effectively. It reiterated that the statutory and constitutional framework obligates schools to act promptly and not delay admissions.
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Referring to Section 12 of the RTE Act and the Uttar Pradesh RTE Rules, the Court noted schools must admit children from weaker sections to the extent of 25% of entry-level seats. The admission process must be transparent and strictly follow State procedures. Schools cannot independently reassess or reject candidates already selected by authorities.
Highlighting the broader objective of the law, the Court underlined that the concept of a “neighbourhood school” is designed to promote social integration and equality.
By mandating inclusion of children from disadvantaged backgrounds in private schools, the RTE framework seeks to break barriers of caste, class, and economic status, making education a shared civic space.
The Court described this as a “transformative constitutional strategy” aimed at achieving substantive equality.
While acknowledging that schools may have concerns regarding eligibility, the Court clarified that schools may make representations to authorities, but cannot withhold admission pending such representations.
Immediate compliance is necessary to ensure that the child’s right to education is not delayed.
The Court reiterated that the right to education involves multiple duty bearers, including the Government, Local authorities, Schools, Parents. Teachers
Each must act in coordination to ensure effective implementation of the law.
Upholding the High Court’s decision, the Supreme Court dismissed the petition and directed that the student be granted admission without delay, reinforcing that ensuring access to education is a “national mission.”
Case Details
Case Title: Lucknow Public School, Eldico And Anr. Versus The State Of Uttar Pradesh & Ors.
Citation: JURISHOUR-980-SC-2026
Case No.: DIARY NO. 60657 OF 2024
Date: 28/04/2026
