Lok Sabha Question No. 2630 (UNSTARRED), answered on 2026-03-09
Subject: Free Seats Quota for Poor Children under RTE Act
Ministry: EDUCATION
Asked by: Thiru Thanga Tamilselvan, Dr. Ganapathy Rajkumar P

## GOVERNMENT OF INDIA MINISTRY OF EDUCATION

## DEPARTMENT OF SCHOOL EDUCATION & LITERACY

## LOK SABHA UNSTARRED QUESTION NO. 2630 ANSWERED ON 09/03/2026

## Free Seats Quota for Poor Children under RTE Act

2630. Thiru Thanga Tamilselvan:

- Dr. Ganapathy Rajkumar P:

Will the Minister of EDUCATION be pleased to state:

(a) whether it is a fact that private unaided schools are not admitting 25 per cent free seats quota for poor children/EWS section under the Right to Education (RTE) Act; (b) if so, the details thereof; (c) whether the Union Government has any proposal to frame proper rules and regulations to admit 25 per cent free seats quota for poor children under the RTE Act, if so, the details thereof; (d) whether it is true that the Supreme Court has recently called the implementation of the 25  per  cent  free  seats  quota  for  poor  children  in  private  unaided  schools  a  "National Mission" and directed the Government to frame clear and enforceable rules under the RTE Act  to  ensure  that  the  mandate  is  actually  followed  on  the  ground  and  further  said  that without proper rules, the promise of free and compulsory education under Article 21A of the Constitution risks remaining only on paper, if so, the details thereof; and

- (e) the details of steps taken by the Union Government in this regard and to ensure 25 per cent seats to be filled compulsory under RTE Act by all private unaided schools across the country?

## ANSWER

MINISTER OF STATE IN THE MINISTRY OF EDUCATION (SHRI JAYANT CHAUDHARY)

(a) to (c) The RTE Act, 2009, mandates the appropriate Government to provide free and compulsory  elementary  education  to every child of the age  6 to 14 years in a neighbourhood school. The RTE Act is applicable throughout the country. Education is in the Concurrent List of the Constitution and majority of schools are under the jurisdiction of the  respective  State  Government  and  Union  Territory  Administration  which  are  the appropriate Government for implementation of the provision of the Right of Children to Free and Compulsory Education (RTE) Act, 2009.

Section 12(1)(c) of the RTE Act, 2009 provides for admission of children belonging to weaker sections and disadvantaged groups in Class I (or below) in the schools specified in sub-clauses (iii) and (iv) of clause (n) of section 2 to the extent of at least 25 percent of the  strength  of  that  class.  For  implementation  of  the  provision  of  the  Act,  the  respective State/ UT Government is required to notify the disadvantaged groups and weaker sections, per child cost and start admissions as per the laid down procedure and have a grievance redressal  mechanism  in  place. Section 12(2) of the RTE  Act,  2009  provides  for reimbursement to the private unaided schools for admitting children under Section 12(1)(c).

- (d) In Special Leave Petition (Civil) No. 10105 OF 2017 titled as 'Dinesh Biwaji Astikar vs  State  of  Maharashtra  &  Ors.',  Hon'ble  Supreme  Court  in  para  1  has  observed  the following:

' The  obligation  of  a  'neighbourhood  school'  to  admit  children  belonging  to  weaker  and disadvantaged  sections  of  our  society,  to  the  extent  of  twenty  five  percent  of  the  class strength, under Section 12 of the Right of Children to Free and Compulsory Education Act, 20091  has  the  extraordinary  capacity  to  transform  the  social  structure  of  our  society. Earnest  implementation  can  truly  be  transformative….  We  have  held  that  ensuring admission of such students must be a national mission and an obligation of the appropriate government and the local authority.'

In para 15, the Hon'ble Supreme court has observed the following :

'Without such enforceable rules and regulations, the object of Article 21A and the statutory policy under Section 12(1)(c) would be a dead letter.'

Also, in para 16, the following has been observed :

'In  view  of  the  above,  we  direct  the  appropriate  authorities  to  prepare  and  issue,  in consultation with the NCPCR and SCPCRs, as the case may be, as well as the National and State Advisory Councils, necessary rules and regulations under Section 38 of the Act for implementing the mandate of Section 12(1)(c) of the Act.'

- (e) States/UTs claim the funds for reimbursement under 12(1)(c) of the RTE Act, 2009 from Centre in their respective Annual Work Plan and Budget (AWP&B) based on per child norms notified by States/UTs for class I-VIII. The Centre Government provides support to State/UTs  through  reimbursement  of  these  claims  as  approved  in  meeting  of  Project Approval  Board  (PAB).  Further,  in  view  of  the  judgement  dated  13.01.2026  of  Hon'ble Supreme Court, States/UTs have been requested to take necessary action to comply with the judgement.

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