The Supreme Court of India has directed all state governments to immediately issue notifications to ensure free education for orphans, children from weaker sections, and disadvantaged groups in private unaided schools. The court stressed that this is a legal obligation under Section 12(1)(c) of the Right to Education Act, 2009, and must be followed strictly. It also reminded the states that orphans, especially those affected by the COVID-19 pandemic, must be treated as children in need of special care.

I wanted to write on this topic because it goes beyond a court ruling—it touches the very heart of what education rights in India should mean. This judgment re-emphasises that education is not a favour but a fundamental right. We have seen many cases where policies exist but fail to get implemented on the ground due to red tape or lack of will. That’s why this order is important. It reminds every state that they cannot ignore the responsibility of including vulnerable children in mainstream education. For people like me, who care about access and equality in education, this is a welcome step that should be discussed more widely and understood by all.

What Did the Supreme Court Say?

A bench of Justices B R Gavai and Sandeep Mehta passed this directive while hearing a public interest litigation (PIL) that pointed out gaps in the implementation of Section 12(1)(c) of the RTE Act. This section clearly mandates all private unaided schools to reserve 25% of their seats at the entry level for children belonging to weaker sections and disadvantaged groups, with expenses to be reimbursed by the government.

The court found that several state governments had not even issued proper notifications to identify and include orphans as part of these disadvantaged categories. In response, the court gave them a final opportunity to comply.

States Must Notify, Not Delay

The top court made it clear that “lip service” is not enough. Without issuing formal notifications, state education departments leave orphans and many underprivileged children out of this protection. The judges noted that while the Centre has already issued guidelines recognising orphans as part of the disadvantaged category, states are not moving fast to bring this into action.

The court has asked all states and Union Territories to file their compliance reports within a fixed timeline. Those that fail to notify may have to face further legal consequences.

What Is Section 12(1)(c) of RTE Act?

Here’s a quick look at what this section says:

• 25% Reservation: Private unaided schools must reserve 25% of seats for children from weaker sections and disadvantaged groups at entry-level classes
• Reimbursement: The government will reimburse the schools for the cost of these children’s education
• Free Education: These students must not be charged any fee, and they should receive free textbooks, uniforms and other support like any regular student

Orphans, children of manual scavengers, those affected by HIV, and others are supposed to be part of the disadvantaged category. But unless state governments include them in the official notification, they don’t actually get this benefit.

Why the Delay in Implementation?

Despite the law being in place since 2009, its implementation has always been patchy. Many schools claim that reimbursement is delayed. Some states argue about budget constraints. In the middle of all this, children from poor families are left out.

The court’s strong words should serve as a wake-up call. Policies are only meaningful when they are implemented. Just announcing welfare schemes is not enough. A child can’t wait forever to get into school.

The COVID-19 Angle

During the hearing, the Supreme Court pointed out that thousands of children became orphans due to the COVID-19 pandemic. These children are especially vulnerable and need immediate educational support.

Some states had introduced relief measures, but the court said these need to be institutionalised under the RTE Act so that they are not temporary or dependent on government mood.

This is not just about legal compliance, but also about basic human decency and responsibility towards children who have lost their parents.

What Should Happen Next?

Now that the Supreme Court has issued this directive, here’s what needs to happen:

• All state and UT governments should issue official notifications including orphans and other eligible groups under the RTE’s disadvantaged category
• A monitoring system should be set up to track how many students are getting admitted under this quota
• Reimbursement to private schools must be made timely so that they do not refuse admissions
• Parents, NGOs and school heads should be made aware of these rules through awareness campaigns