Why In News?

In Dinesh Biwaji Ashtikar vs State of Maharashtra (2026), the Supreme Court reaffirmed Section 12(1)(c) of the Right of Children to Free and Compulsory Education Act, 2009 as a national mission to enforce Article 21A and achieve social integration across classrooms.

What Is The Constitutional And Statutory Mandate For Inclusive Education In India?

Constitutional Architecture: The 86th Constitutional Amendment Act, 2002 shifted education from a Directive Principle under Article 45 to an enforceable fundamental right under Article 21A.

  • Substantive equality under Article 14 and protection against state-led discrimination under Article 15(1) mandate reasonable accommodation for vulnerable learners. 

  • Article 29(2) bars denial of admission into state-aided educational institutions.

  • Article 41 directs the State to secure effective public assistance in cases of disablement.

Statutory Framework of RTE Act, 2009: The Right of Children to Free and Compulsory Education Act, 2009 guarantees free elementary education for children aged 6 to 14 years. 

  • Under Section 12(1)(c), private unaided non-minority schools must reserve at least 25% of entry-level seats for Economically Weaker Sections (EWS) and Disadvantaged Groups (DG). 

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  • It prohibits capitation fees, screening procedures, and physical harassment, establishing pupil-teacher ratio (PTR) standards of 30:1 for primary schools.

Statutory Evolution of Disability Rights: Disability jurisprudence moved from a medical model under the Persons with Disabilities Act, 1995 (covering 7 conditions) and National Trust Act, 1999 to a rights-based model under the Rights of Persons with Disabilities Act, 2016 (RPWD Act), expanding recognized conditions to 21 conditions. 

  • Section 16 of the RPWD Act, 2016 mandates inclusive education in all recognized institutions, while Section 31 secures free education for children with benchmark disabilities aged 6 to 18 years in neighborhood or special schools.

Higher Education and Employment Mandates: Section 32(1) of the RPWD Act, 2016 provides 5% reservation in government-aided higher education institutions with a 5-year upper age relaxation. 

  • Section 34(1) mandates 4% reservation in public employment for persons with benchmark disabilities. 

  • Section 45(1) commands public accessibility upgrades across educational infrastructure.

Judicial Affirmation of Substantive Rights: In Mohini Jain vs State of Karnataka (1992) and Unni Krishnan vs State of Andhra Pradesh (1993), the Supreme Court linked education directly to dignity under Article 21. 

  • In Society for Unaided Private Schools of Rajasthan vs Union of India (2012), the Court upheld the constitutional validity of the 25% quota under Section 12(1)(c). 

  • In Vikash Kumar vs Union Public Service Commission (2021), the Court recognized reasonable accommodation as a core component of equality under Article 14.

How Does Section 12(1)(c) Of The RTE Act, 2009 Drive Social Integration?

Operationalizing Substantive Equality: Section 12(1)(c) serves as a social engineering mechanism, fostering socio-economically diverse classrooms. This integration breaks traditional caste and class divides, turning private schools into shared civic spaces.

Universal Access and Retention: The primary Gross Enrolment Ratio (GER) reached 100%, while the transition rate from primary to upper primary schooling reached 92.2%.(Source: UDISE+ 2024-25)

  • Over 50 lakh children have secured admissions under the 25% quota, maintaining a retention rate above 90%.

Pro-Social Behavioural Shift: Integrated classrooms generate a 12% increase in pro-social behaviour and empathy among privileged students toward lower-income peers without diminishing academic performance (Source: Economic Survey 2024-25).

Infrastructure and Professionalization: Functional girls' toilets reached 98.2% (up from 88.7%), while functional drinking water coverage stands at 99.3% across schools. (Source: UDISE+ 2024-25) 

  • Over 95% of India's 1+ crore teachers meet National Council for Teacher Education qualifications, maintaining a primary pupil-teacher ratio of 26:1.

What Are The Challenges In Implementing Inclusive Education?

State Rule Dilution and Judicial Contestation: State amendments exempt private unaided schools from the 25% quota if a public or government-aided school exists within a 1-kilometre radius, restricting parental choice and diluting social integration.

  • Example: Maharashtra RTE Rules Amendment Case, state exemption of private unaided schools within 1 km of public schools led to exclusion of weaker sections and pending reimbursement liabilities of ₹2,930 crore.

Financial Arrears and Under-Reimbursement: State governments delay per-child cost reimbursements under Section 12(2), forcing private institutions to bear upfront operational costs or pass expenses onto EWS families through hidden fees.

  • Example: CAG Report of 2017, revealed that EWS seat-fill rates remained as low as 27.5% in audited states, with central reimbursement covering only 7 states at ₹250.65 crore for 5,05,117 children.

Regulatory Age Lacuna: A statutory mismatch exists between Section 3 of the Right of Children to Free and Compulsory Education Act, 2009 (covering ages 6 to 14 years) and Section 31 of the Rights of Persons with Disabilities Act, 2016 (covering ages 6 to 18 years), leaving Class 9 to 12 students vulnerable to dropouts due to sudden fee charges.

  • Example: Pune Class 8 Completion Expulsion Case, private schools issued notices to expel EWS students completing Class 8 due to cessation of state fee reimbursement beyond age 14.

Infrastructural Deficits and Certification Hurdles: Despite Section 45 accessibility mandates, schools prioritize superficial ramp retrofitting over Universal Design standards, while documentation requirements exclude rural applicants.

Special Educator Shortages and Secondary Dropouts: High dropouts occur at transition points: Children with Special Needs (CWSN) enrollment drops from 1.30% in primary to 1.18% in upper primary, 0.61% in secondary, and 0.27% in higher secondary. (Source: UDISE+)

  • Out-of-school CWSN stands at 28.23%, compared to 4.02% for Scheduled Tribes and 4.43% for Muslims.

Way Forward 

Automated Direct Benefit Transfers (DBT): Transition state reimbursement mechanisms to a central DBT framework under the Samagra Shiksha scheme to clear pending liabilities directly into institutional accounts, eliminating administrative delays.

  • Example: Samagra Shiksha Automated Direct Benefit Transfer (DBT) Model, direct online reimbursement to private school accounts to clear pending liabilities and ensure zero admission delays.

Foundational Learning and Competency Recovery: Address learning deficits identified in the National Achievement Survey—where 33% of Grade 5 students fall below basic proficiency—by integrating Foundational Literacy and Numeracy modules.

Statutory Alignment and RTE Extension: Amend Section 3 of the Right of Children to Free and Compulsory Education Act, 2009 to extend the guarantee of free education from preschool to Class 12 (ages 3 to 18), aligning it with the National Education Policy 2020 and Section 31 of the Rights of Persons with Disabilities Act, 2016.

  • Example: NEP 2020 3-18 Continuum Policy Framework, universalizing free public education from pre-primary to senior secondary levels to prevent post-Class 8 dropouts.

Decentralized Monitoring and Universal Design Audits: Empower School Management Committees (SMCs) with dedicated funds and mandate statutory Disability Impact Assessments (DIA) alongside accessibility audits before issuing school recognition certificates.

  • Example: Delhi School Management Committee (SMC) Empowerment Model, dedicated state funding and localized helpdesks to assist parents with RTE admissions and grievance redressal.

Conclusion

The Supreme Court has established Section 12(1)(c) of the Right of Children to Free and Compulsory Education Act, 2009 as a non-negotiable instrument of constitutional morality. Achieving true educational equity requires closing administrative gaps, enforcing the Rights of Persons with Disabilities Act, 2016, and transforming access into dignified, inclusive learning.

Source: THEHINDU

PRACTICE QUESTION

Q.  Admission does not equal inclusion. Critically examine in the context of Right of Children to Free and Compulsory Education Act, 2009. (250 Words)