Neighbourhood schools are mandatorily bound to admit State-allotted students under RTE; refusal violates Art. 21A and statutory mandate

on

Facts

A student was allotted admission to the petitioner school under the State-run process pursuant to s. 12(1)(c) RTE Right of Children to Free and Compulsory Education, Act, 2009 and Rule 8 UP RTE Rules, 2011. The school refused admission citing doubts about eligibility.

The High Court directed the school to grant admission, holding that schools cannot sit in appeal over State decisions. The school challenged this before the Supreme Court.

Issues Framed

Implied Issue: Whether a neighbourhood school can refuse admission to a student allotted by the State under the RTE framework.

Court’s Reasoning

(a) Statutory mandate of admission:
The Court held that once the State completes the admission process and forwards the list, “the school has no option except to grant admission” (Para 4). Under Rule 8 UP RTE Rules, 2011, schools are bound to follow the State-prescribed process.

(b) Constitutional foundation:
The right to education under Art. 21A Const. of India would be “an empty promise if the mandate of the RTE Act… is not worked out in its letter and spirit” (Para 5). Immediate compliance is necessary to actualise the right.

(c) Neighbourhood school concept:
The Court emphasised that s. 12 RTE Act is a “deliberate statutory conception” to ensure “equality of status and social integration” (Para 8). Mandatory 25% admission of disadvantaged children is transformative.

(d) Limited role of schools:
Schools cannot question or delay implementation of State allocation. At best, they may make a representation, but “are mandated to grant admission… in the interregnum” (Para 14).

(e) Duty-bearer framework:
The Court reiterated that multiple actors—including government, local authority, schools, parents, and teachers—are duty bearers ensuring effective implementation (Para 10).

(f) Need for strict enforcement:
The Court stressed that implementation of s. 12 RTE Act is a “national mission” and courts must ensure “easy access and efficient relief” against denial (Para 9, 12).

Held

SLP dismissed. High Court direction upheld. School must grant admission without delay.

Ratio

A neighbourhood school is statutorily bound to admit students allotted by the State under s. 12(1)(c) RTE Act and cannot delay or refuse admission on eligibility grounds, as such refusal violates Art. 21A Const. of India.

Case Details

Citation: 2026 INSC 422
Decided on: 28 April 2026
Case Title: Lucknow Public School, Eldico & Anr. v. State of Uttar Pradesh & Ors.
Court: Supreme Court of India
Bench: Pamidighantam Sri Narasimha J.; Alok Aradhe J.