Many parents in Mumbai hear about the “RTE 25 per cent” seats only when the application window is already open. This guide explains what the law itself says, so you know whether to look into it and what to check on the official notice.
What the Act says
- Which schools: Section 12(1)(c) applies to the schools described in sub-clauses (iii) and (iv) of section 2(n), which includes private unaided schools. Section 12(1)(b) separately requires aided schools to provide free education to a share of children in proportion to their aid, subject to a minimum of 25 per cent.
- How many seats: at least 25 per cent of the strength of Class I.
- Which children: children of the weaker section and the disadvantaged group “in the neighbourhood”.
- How long: free elementary education until it is completed.
- Who pays the school: under section 12(2), a school of the kind in section 2(n)(iv) is reimbursed up to the per-child expenditure incurred by the State, or the actual amount charged from the child, whichever is lower.
Who counts as weaker section or disadvantaged group
Section 2(d) of the Act includes children belonging to the Scheduled Castes, Scheduled Tribes and socially and educationally backward classes, and any other group that the State specifies by notification. Section 2(e) defines the weaker section by family income: the parent’s or guardian’s annual income must be below the limit that the State notifies. The Act itself does not fix a rupee figure, so use the State’s current notification for the limit and the list of documents.
Do minority schools have to take part
In its decision of 12 April 2012 in Society for Un-aided Private Schools of Rajasthan v. Union of India, the Supreme Court upheld the 25 per cent provision. It held that the provision applies to government schools, aided schools and unaided non-minority private schools, but not to unaided minority schools, because of Article 30(1) of the Constitution.
What to do before the window opens
- Look for the State School Education Department’s RTE admission notice each year. It states the dates, the income limit and the documents.
- Keep identity, address and income or caste documents ready, because the exact list is set in the notice.
- Apply only through the official admission portal named in the notice, and do not pay anyone for a seat. The Act provides for free education for these children.
If a school refuses
Keep a written record of the application and of the school’s refusal. If you want advice on a specific refusal, you can speak to the chambers.
This is general information on the Act as it stands in the published text. It is not advice on a particular case. The State’s dates, income limit and documents change, so always rely on the current official notice.