Punjab to implement RTE Act, 25 per cent quota for EWS kids in schools after HC nod
Education Minister Harjot Singh Bains said the Education Department was ready with online portals to ensure implementation of the RTE Act, 2009, in the state from the next academic session in all schools
The Punjab and Haryana High Court took a serious view of the continued non-implementation of the Right of Children to Free and Compulsory Education (RTE) Act, 2009, in Punjab on Monday, prompting the state government to move towards implementing the Act. The implementation would make 25 per cent reservation mandatory for children from economically weaker sections (EWS) in all schools in the state.
The court had directed the state government to ensure compliance with its earlier judgment within three weeks. Education Minister Harjot Singh Bains said the Education Department was ready with online portals to ensure implementation of the RTE Act, 2009, in the state from the next academic session in all schools.
Children from economically weaker sections would get 25 per cent reservation in all schools in the state at the entry level from the next academic session, he said.
Advocates Viren Sibal and Satyam Sharda, who filed the civil writ petition in the Punjab and Haryana High Court on behalf of affected child Smiksha, said Justice Kuldip Tiwari had observed that the authorities had adopted an indifferent and lacklustre approach in implementing the statutory mandate and prior court directions, and gave the Punjab Government three weeks to implement the Act.
The matter has been listed for March 10, 2026, to monitor compliance, said Satyam Sharda.
Although the RTE Act came into force nationwide on April 1, 2010, Punjab’s implementation remained stalled for over a decade due to Rule 7(4) of the Punjab RTE Rules, 2011. The rule required children to first seek admission in government schools and obtain an NOC before applying to private unaided schools – a condition not provided in the parent Act.
Petitioners contended that the rule effectively blocked EWS children from accessing private schools, as government schools rarely issued NOCs. In February 2025, the high court declared Rule 7(4) unconstitutional and directed the Punjab Government to implement the RTE Act in its true spirit from the academic session 2025-26 onwards.
Following the judgment, the state issued instructions in March 2025 to the Director of Public Instruction (Elementary Education), District Education Officers, and private unaided schools. A detailed SOP outlining the admission process was also notified in August 2025.
However, the present petition alleges that despite these steps, eligible children continue to face denial of admission. Many applications have reportedly remained pending for months, frustrating both the object of the Act and the binding directions of the high court.
Citing the March 2016 report of the Comptroller and Auditor General of India, petitioners pointed out that approximately three lakh children are admitted to Class I annually in Punjab. Applying the mandatory 25 per cent quota, nearly 75,000 children each year would be entitled to admission under the RTE provision. From 2010 to March 2025, this translates to over 11 lakh children allegedly deprived of their statutory right to quality education.
Taking note of the submissions, Justice Tiwari directed the Punjab Government to implement the February 2025 judgment in letter and spirit within three weeks and to ensure admission of children who have already applied under the RTE quota, said advocate Viren Sibal.
