शाळांमध्ये EWS २५% आरक्षणाबाबत सर्वोच्च न्यायालय आक्रमक; NCPCR...

By GT24x7 Reporter · 29 September 2026 · GlobalToday24x7

Supreme Court Rebukes Child Rights Body Over Statutory Duty

The Supreme Court of India expressed strong dissatisfaction with the National Commission for Protection of Child Rights (NCPCR) regarding its approach toward implementing the mandatory 25 percent reservation for Economically Weaker Sections (EWS) and Disadvantaged Groups in private unaided schools. The ruling came during a hearing on the execution of Section 12(1)(c) of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act).

A division bench comprising Justice P.S. Narasimha and Justice Alok Aradhe characterized the affidavit submitted by the statutory child rights body as unsatisfactory and passive. Emphasizing that the commission holds a vital regulatory responsibility in turning the statutory mandate into a reality, the apex court observed that the agency cannot treat its obligations as a mere administrative exercise of gathering data from states and Union Territories.

Personal Appearance Ordered for NCPCR Chairperson and Director

Critiquing the commission's perceived indifference, the bench questioned who heads the organization and directed both the Chairperson and the Director of the NCPCR to be physically present in court during the next hearing, scheduled for October 27. The judges clarified that while the summons was not part of a contempt proceeding, the top leadership needs to be sensitised regarding the immense legal trust reposed in the body under the RTE framework.

Appearing for the NCPCR, Additional Solicitor General (ASG) Aishwarya Bhati informed the bench that responses had been gathered from 27 states and Union Territories, and that draft Central RTE Rules were being circulated. She noted that the compilation exercise was ongoing and further steps would follow. In response, the court remarked that it would empower the regulatory body to fulfill its mandate effectively, stressing that statutory child rights institutions must not operate merely on paper.

Constitutional Background and Scope of EWS Reservation

Under Section 12(1)(c) of the RTE Act 2009, private unaided entry-level schools are legally bound to reserve at least 25 percent of their total intake for children belonging to weaker sections and disadvantaged backgrounds, offering them free elementary education. The Supreme Court has consistently monitored the national compliance of this statutory guarantee, reiterating in earlier verdicts that the provision aims to build social integration by bringing children from diverse socio-economic strata into shared learning spaces.

The apex court had previously directed the NCPCR to actively oversee state-level compliance and track local rules framed under the mandate. Judicial observers note that the recent directives signal an intensified judicial push to ensure that local administrative hurdles do not impede underprivileged children from securing entry-level school admissions across India.