Section 12(1)(c) of the RTE Act

Section 12(1)(c) of the Right of Children to Free and Compulsory Education Act, 2009 requires covered schools to admit children from weaker sections and disadvantaged groups at the entry level. Covered unaided schools must reserve at least 25% of the strength of Class I for these children from the neighbourhood and provide them free and compulsory education until they complete elementary education.

Which schools and entry classes are covered?

The provision applies to specified-category schools and unaided schools covered by the Act. An unaided school is one that receives no government or local-authority aid or grants towards meeting its expenses.

• The admission requirement is a minimum of 25%, not a ceiling on admitting eligible children.
• The requirement ordinarily operates at Class I; where a covered school imparts preschool education, the statutory proviso applies the admission obligation at that level.
• This is an entry-level admission obligation, not a requirement to conduct fresh quota admissions in every higher class.

Who benefits, and what must the school provide?

The beneficiaries are children belonging to a weaker section or a disadvantaged group in the neighbourhood. These are statutory categories, not simply a general preference for any applicant seeking financial assistance.

• A child belonging to a weaker section is one whose parent or guardian has an annual income below the minimum limit specified by the appropriate government through notification.
• The disadvantaged-group definition includes Scheduled Castes, Scheduled Tribes, socially and educationally backward classes, children with disabilities, and other qualifying groups specified by the appropriate government.
• The school must provide free and compulsory elementary education, covering Classes I-VIII, until completion; the obligation does not end after the admission year.

Reimbursement and the minority-institution exception

Section 12(2) provides reimbursement to covered unaided schools for this obligation, subject to the statutory conditions.

• Reimbursement is limited to the lower of the State's per-child expenditure and the actual amount charged by the school.
• Where a school already owes free education because it received land, buildings, equipment or other facilities free or at a concessional rate, reimbursement is unavailable to that extent.
• Under the Supreme Court's Pramati judgment (2014), the RTE Act does not apply to minority educational institutions, whether aided or unaided.