The Delhi High Court recently clarified that the Right to Education (RTE) Act does not provide a privilege to select a particular school for admission. A division bench of Chief Justice D.K. Upadhyaya and Justice Tejas Karia delivered this verdict on March 25, 2026. The court noted that the RTE Act is a beneficial law meant to ensure social inclusion and create common educational spaces for all children across different backgrounds.
Why parents cannot choose a specific school under RTE
The court explained that the Right of Children to Free and Compulsory Education Act, 2009, guarantees access to education but not to a specific institution. In the case of Economically Weaker Sections (EWS), admissions are handled by the Directorate of Education (DoE) through a computerized draw of lots. If a child is not allotted the school of their choice in this draw, they cannot claim it as a legal right. The court also mentioned that if a seat is not reserved via an interim order, the right to that seat ends with the academic term.
Key details of the Delhi High Court ruling
| Topic | Detail |
|---|---|
| Date of Ruling | March 25, 2026 |
| Court Bench | Chief Justice D.K. Upadhyaya and Justice Tejas Karia |
| Affected Category | Economically Weaker Sections (EWS) |
| Key Authority | Directorate of Education (DoE) |
| Private School involved | Aadharshila Vidyapeeth |
This ruling came after an appeal filed by a mother named Pooja for her child’s admission for the 2024-2025 session. The Directorate of Education had offered other schooling options, but the appellant insisted on a specific private school. The court refused this demand, stating that the main goal of the Act is to break down barriers of caste and ethnicity by making schools a common space for everyone.
