Right to Education — Article 21A — Neighbourhood School — Statutory obligation to grant admission — Mandatory nature Paras 2, 7, 14 Neighbourhood schools are under a constitutional and statutory obligation to admit students allotted by the State under the RTE framework. Once a list of selected students is forwarded by the Government, the school has no discretion to deny admission and must grant admission without delay. Any disagreement can only be raised separately without withholding admission.

advocatemmmohan

Right to Education — Article 21A — Neighbourhood School — Statutory obligation to grant admission — Mandatory nature

Paras 2, 7, 14

Neighbourhood schools are under a constitutional and statutory obligation to admit students allotted by the State under the RTE framework. Once a list of selected students is forwarded by the Government, the school has no discretion to deny admission and must grant admission without delay. Any disagreement can only be raised separately without withholding admission.

---

RTE Act, 2009 — Section 12(1)(c) — 25% reservation — Objective — Social transformation

Paras 8–9, 11–12

Mandate of admitting children from weaker sections and disadvantaged groups to the extent of 25% is a transformative constitutional measure aimed at:

• achieving equality of status,
• ensuring social integration, and
• dismantling barriers of caste, class and gender.

The provision operationalises Article 21A and advances substantive social justice.

---

Admission process — Role of school — No appellate power over State decision

Paras 4, 7

Once the State completes scrutiny and allocates a student to a school:

• the school cannot sit in appeal over such decision;
• it is bound to follow the prescribed admission process;
• refusal on grounds of eligibility doubts is impermissible.

---

UP RTE Rules, 2011 — Rule 8 — Transparency — Binding nature

Paras 6–7

Admission process must be transparent. Schools are statutorily bound to:

• maintain and publish details of applicants;
• communicate reasons for denial;
• strictly follow State-prescribed procedure.

Rule 8 leaves no scope for unilateral deviation by schools.

---

Right to Education — Enforcement — Duty of stakeholders

Paras 9–10

Right to education entails corresponding duties on multiple stakeholders, namely:

• appropriate Government,
• local authority,
• neighbourhood schools,
• parents/guardians,
• teachers.

Effective implementation requires coordinated discharge of these duties.

---

Neighbourhood school concept — Constitutional philosophy

Paras 8, 11

The concept of neighbourhood schools is a deliberate legislative design to:

• ensure common schooling system;
• avoid segregation;
• promote dignity and equality in formative years.

---

Judicial role — Enforcement of RTE rights

Paras 9, 12–13

Courts must ensure:

• easy and effective access to remedies;
• expeditious redressal of denial of admission;
• strict enforcement of statutory mandate.

Judicial intervention is essential to realise the constitutional promise of education.

---

Relief — Admission — Immediate compliance

Paras 14–15

Schools must grant admission immediately upon allotment by the State. Pending representations or disputes cannot justify delay. High Court direction upheld.

---

Result

Paras 15–16

Special Leave Petition dismissed. High Court order directing admission affirmed. No costs.