Extent of school’s responsibility for free and compulsory education
Section 12 of the Right of Children to Free and Compulsory Education Act, 2009 deals with extent of school’s responsibility for free and compulsory education. For the purposes of this Act, a school,-- (a) specified in sub-clause (i) of clause (n) of section 2 shall provide free and compulsory elementary education to all children admitted therein; The Act came into force on 01 Apr 2010.
(1) For the purposes of this Act, a school,--
(a) specified in sub-clause (i) of clause (n) of section 2 shall provide free and compulsory elementary education to all children admitted therein;
(b) specified in sub-clause (ii) of clause (n) of section 2 shall provide free and compulsory elementary education to such proportion of children admitted therein as its annual recurring aid or grants so received bears to its annual recurring expenses, subject to a minimum of twenty-five per cent.;
(c) specified in sub-clauses (iii) and (iv) of clause (n) of section 2 shall admit in class I, to the extent of at least twenty-five per cent. of the strength of that class, children belonging to weaker section and disadvantaged group in the neighbourhood and provide free and compulsory elementary education till its completion:
Provided further that where a school specified in clause (n) of section 2 imparts pre-school education, the provisions of clauses (a) to (c) shall apply for admission to such pre-school education.
(2) The school specified in sub-clause (iv) of clause (n) of section 2 providing free and compulsory elementary education as specified in clause (c) of sub-section (1) shall be reimbursed expenditure so incurred by it to the extent of per-child-expenditure incurred by the State, or the actual amount charged from the child, whichever is less, in such manner as may be prescribed:
Provided that such reimbursement shall not exceed per-child-expenditure incurred by a school specified in sub-clause (i) of clause (n) of section 2:
Provided further that where such school is already under obligation to provide free education to a specified number of children on account of it having received any land, building, equipment or other facilities, either free of cost or at a concessional rate, such school shall not be entitled for reimbursement to the extent of such obligation.
(3) Every school shall provide such information as may be required by the appropriate Government or the local authority, as the case may be.
Section 12, The Right of Children to Free and Compulsory Education Act, 2009 (Act 35 of 2009).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Referred to by 5
- Enrollment in Professional Course Act s. 2
- Maharashtra Self-financed Schools (Establishment and Regulation) Act s. 5 No financial assistance by State Government to school established on self-financed basis
- s. 38 Power of appropriate Government to make rules
- Tamil Nadu Admission to Undergraduate Courses in Medicine, Dentistry, Indian Medicine and Homeopathy on preferential basis to students of Government Schools Act s. 2 Definitions
- Tamil Nadu Admission to Undergraduate Professional Courses on Preferential Basis to Students of Government Schools Act s. 9 Power to remove difficulties
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Pramati Educational & Cultural Trust v. Union of India
Court's Decision & Legal Precedent
Judgment of Main Case order-29.pdf 2014-05-06 DATE-CHECK FP (2010-09-06 reference / 2006-01-20 93rd Amendment / 2010-04-01 Art. 21A commencement are fact dates; body is WP(C) 416/2012 A.K. Patnaik Constitution Bench REPORTABLE Pramati Educational & Cultural Trust v. UOI). Isolate: RTE Act s.12(1)(c) 25% EWS/disadvantaged quota in unaided non-minority schools is valid; the 2009 Act does not apply to minority schools (aided or unaided) under Art. 30(1). Art. 15(5) and Art. 21A do not destroy the basic structure. Attach rte-act 12 only — constitution 15/21 already filled. Do not pad rte-act 3.
On this section: RTE Act s.12(1)(c): unaided non-minority schools must admit 25% children from weaker/disadvantaged groups; the 2009 Act does not apply to minority schools under Art. 30(1) (Pramati CB). Do not pad constitution 15/21 or rte 3.
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Society for Un-aided P. School of Raj vs U. O. I
Court's Decision & Legal Precedent
The majority held that the Right of Children to Free and Compulsory Education Act 2009 is constitutionally valid and applies to: (i) government schools; (ii) aided schools including aided minority schools; (iii) schools belonging to specified categories; and (iv) unaided non-minority schools. However, Section 12(1)(c) mandating 25% reservation and Section 18(3) regarding transfer of de-recognized students infringe the fundamental freedom guaranteed to unaided minority schools under Article 30(1) of the Constitution and therefore do not apply to such schools. For unaided non-minority schools, Section 12(1)(c) imposing 25% reservation is a reasonable restriction under Article 19(6) because: (1) education is a charitable activity in nature; (2) removing financial barriers that prevent children from accessing education is in the interest of general public; (3) T.M.A. Pai Foundation recognized that States may require unaided institutions to admit small percentage of weaker sections through conditions of recognition; (4) Section 12(2) provides reimbursement; (5) the provision balances the right to establish educational institutions under Article 19(1)(g) with the right of children to education under Article 21A; and (6) the context of elementary education for strengthening social fabric of democracy differs from professional education. The Act is applied prospectively from academic year 2012-13 with principle of severability preserving applicability to other categories of schools.
On this section: Government schools must provide free and compulsory elementary education to all children - uncontroversial provision
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Vidyavardhaka Sangha(regd. ) vs Union of India
Court's Decision & Legal Precedent
Clause (5) of Article 15 of the Constitution inserted by the Constitution (Ninety-third Amendment) Act 2005 is a valid enabling provision that empowers the State to make special provisions for admission of socially and educationally backward classes and Scheduled Castes/Tribes to private unaided educational institutions. This amendment does not alter the basic structure of the Constitution, does not destroy or abrogate the fundamental right under Article 19(1)(g) to establish and administer private educational institutions, and does not violate Articles 14, 21 or other constitutional provisions. The power vested under clause (5) Article 15 is a guided power limited to the specified purposes and does not extend to destroying the essential rights of private institutions. Similarly, Article 21A of the Constitution inserted by the Constitution (Eighty-Sixth Amendment) Act 2002 granting the right to free and compulsory education to children aged 6-14 years is constitutionally valid and does not alter the basic structure. The Right of Children to Free and Compulsory Education Act 2009, insofar as it applies to non-minority private unaided schools by requiring them to admit 25% of students from weaker and disadvantaged sections free of charge with government reimbursement, is constitutionally valid as it fulfills the constitutional mandate under Article 21A and does not violate Article 19(1)(g). However, the 2009 Act insofar as it applies to minority educational institutions covered under Article 30(1) of the Constitution, whether aided or unaided, is ultra vires the Constitution as it would abrogate the fundamental right of minorities to establish and administer educational institutions of their choice and would destroy the minority character of such institutions. The exclusion of minority institutions from the purview of clause (5) Article 15 is constitutionally valid as it protects the special constitutional status of minority institutions.
On this section: Provides for reimbursement to private schools from State - examined as mechanism to protect private school rights
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Sant Dyaneshwar Mauli Sanshta vs U. O. I
Court's Decision & Legal Precedent
The Constitution (93rd Amendment) Act, 2005 inserting clause (5) of Article 15 (empowering States to make special provisions for socially and educationally backward classes and Scheduled Castes/Tribes in admission to private unaided educational institutions, other than minority institutions) is constitutionally valid and does not alter the basic structure of the Constitution as it is an enabling provision consistent with the equality principles in Article 15 and does not destroy the essential content of the right to establish and administer private educational institutions under Article 19(1)(g). Similarly, the Constitution (86th Amendment) Act, 2002 inserting Article 21A (establishing free and compulsory education as a fundamental right for children aged 6-14) is constitutionally valid and creates an independent power for the State to make laws determining the manner of providing such education. The Right of Children to Free and Compulsory Education Act, 2009 (as amended), insofar as it requires private unaided schools to admit 25% children from weaker sections with government reimbursement, is valid and consistent with Article 19(1)(g). However, the 2009 Act insofar as it applies to minority educational institutions (whether aided or unaided) covered under Article 30(1) of the Constitution is ultra vires the Constitution as it would abrogate the minority right to establish and administer institutions of their choice by forcing admission of non-minority students and eroding minority character.
On this section: Held to apply to aided minority schools causing concern about minority character erosion
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… On the request, the papers are called since the issue involved in all these matters are common. 2. Heard. 3. The petitioners are claiming to be reimbursed the fees in respect of 25% students admitted by the petitioners – managements in light of Section 12 of the Right of Children to Free and Compulsory Education Act, 2009. 4. Issue notice. Mr. Bhushan Kulkarni, learned standing counsel waives service for respondent No.1. Learned AGP waives service for respondent Nos. 2 to 4. Learned advocates waive service for respondent No.5 in respective petitions. 5. We …
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… P.J. Bharad Advocate for R/1 : Ms. Nikita Gore Advocate for R/5 : Mr. Satish Bappasaheb Parnere ….. CORAM : MANGESH S. PATIL & Y.G. KHOBRAGADE, JJ. DATE : 22.04.2025 P.C. :- 1. Heard. 2. The petitioners are claiming to be reimbursed in light of Section 12 of the Right of Children to Free and Compulsory Education Act, 2009. 3. Issue notice. Learned advocate Ms. Gore waives service for respondent no.1. Learned A.G.P. waives service for respondent nos.2 to 4. Learned advocate Mr. Parnere waives service for respondent no.5. 4. We dispose of the writ petition by …
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… Yogesh Murlidhar Patil, Advocate for the Petitioner Ms. S. S. Joshi, AGP for Respondents State Mr. V. V. Gujar, Advocate for Respondent Nos. 4 and 5 > CORAM : MANGESH S. PATIL & Y. G. KHOBRAGADE, JJ. Dated : 22nd April, 2025 PER COURT :- 1. The petitioners are claiming reimbursement in tune with section 12 of the Right of Children to Free and Compulsory Education Act, 2009 for admitting these students. 2. Issue notice to the respondents. Learned AGP waives service for respondent nos. 1 to 3. Mr. Gujar, the learned advocate waives service for respondent nos. 4 and 5. 3. We dispose of the petition with direction …
Made under this section, and citing it
6 instruments name this provision in its title or its text without being made under it.
- Tamil Nadu Right of Children to Free and Compulsory Education Rules, 2011Rule 2011
- The Delhi Right of Children to Free and Compulsory Education Rules, 2011Rule 2011
- The Puducherry Right of Children to Free and Compulsory Education Rules, 2011Rule 2011
- The Right of Children to Free and Compulsory Education, Himachal Pradesh Rules, 2011Rule 2011
- the Right of Children to Free and Compulsory Education rules 2011Rule 2011
- Central RTE Rules, 2010Rule 2010
Questions about Section 12
What have the courts held on Section 12 of the Right of Children to Free and Compulsory Education Act?
Pramati Educational & Cultural Trust v. Union of India (06 May 2014) is the leading judgment on this section among those set out below: RTE Act s.12(1)(c): unaided non-minority schools must admit 25% children from weaker/disadvantaged groups; the 2009 Act does not apply to minority schools under Art. 30(1) (Pramati CB). Do not pad constitution 15/21 or rte 3. Another 3 judgments on this section are set out below, all of them from the Supreme Court. They run from 2012 to 2014.
How do I find court cases under Section 12 of the Right of Children to Free and Compulsory Education Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: RTE Act 12, section 12 RTE Act, section 12 of the Right of Children to Free and Compulsory Education Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 4 reported judgments on this section are set out on this page, beginning with Pramati Educational & Cultural Trust v. Union of India (06 May 2014).
What should I read with Section 12 of the Right of Children to Free and Compulsory Education Act, and has it changed?
Its own text turns on section 2 (Definitions), so none of them can safely be read on its own. 5 other provisions in this corpus refer back to it. 6 instruments name it without being made under it, most recently Tamil Nadu Right of Children to Free and Compulsory Education Rules, 2011 (2011), then The Delhi Right of Children to Free and Compulsory Education Rules, 2011 (2011).
When did Section 12 of the Right of Children to Free and Compulsory Education Act come into force?
Section 12 of the Right of Children to Free and Compulsory Education Act, cited as RTE Act 12, came into force on 01 Apr 2010, having been enacted on 26 Aug 2009. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.