SC seeks Punjab govt's reply on plea over 25% EWS quota in schools

The Supreme Court sought a response from the Punjab govt on a plea alleging non-implementation of the RTE Act's 25% EWS reservation in private schools. It also asked the Centre for an affidavit on steps proposed to ensure implementation.

The Supreme Court on Monday sought a response from the Punjab government on a plea alleging non-implementation of the Right of Children to Free and Compulsory Education Act, 2009, particularly the provision mandating 25 per cent reservation for EWS and disadvantaged children in private unaided schools.

A bench of Chief Justice of India Surya Kant and Justice V Mohana issued notice to the Punjab government and also sought an affidavit from the Central government detailing the steps proposed to ensure implementation of the Act in Punjab. It also asked the petitioner, appearing in person, to place concrete material on record to substantiate the allegations and suggested that he seek information under the RTI Act on the number of recognised private schools, their affiliation, sanctioned seats, admissions, and the number of students admitted under the EWS quota.

Petitioner's Allegations

During the hearing, the petitioner argued that the grievance extended beyond a few schools and alleged that the provisions of the RTE Act had not been effectively enforced across Punjab for nearly 15 years. The petitioner further submitted that nearly two lakh students are enrolled annually at the entry level in private schools across Punjab and, therefore, around 50,000 children should be admitted each year under the 25 per cent reservation mandated for EWS and disadvantaged groups.

Court Seeks Concrete Evidence

CJI then referred to the state's affidavit, which stated that 476 children from EWS and disadvantaged categories had secured admission in private schools and observed that if the petitioner claimed non-compliance, specific instances would need to be identified. The CJI asked the petitioner to assist the court with material demonstrating where and how the statutory mandate was being violated.

Petition's Demands

The petition sought directions to the Central government to exercise its powers under Articles 256 and 355 of the Constitution to secure compliance by Punjab with the RTE Act, including Sections 12(1)(c), 12(2) and 18. The plea has further sought directions for establishing a transparent and time-bound system to oversee compliance with Section 12(1)(c) of the RTE Act and urged to mandate measures such as public disclosure of available quota seats and admission timelines, a user-friendly application process, a clear reimbursement mechanism for schools, online monitoring tools, and effective action against institutions that fail to comply with the statutory requirement. (ANI)

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