No school to be established without obtaining certificate of recognition
Section 18 of the Right of Children to Free and Compulsory Education Act, 2009 deals with no school to be established without obtaining certificate of recognition. No school, other than a school established, owned or controlled by the appropriate Government or the local authority, shall, after the commencement of this Act, be established or function, without obtaining a certificate of recognition from such authority, by making an application in such form and m The Act came into force on 01 Apr 2010.
(1) No school, other than a school established, owned or controlled by the appropriate Government or the local authority, shall, after the commencement of this Act, be established or function, without obtaining a certificate of recognition from such authority, by making an application in such form and manner, as may be prescribed.
(2) The authority prescribed under sub-section (1) shall issue the certificate of recognition in such form, within such period, in such manner, and subject to such conditions, as may be prescribed:
Provided that no such recognition shall be granted to a school unless it fulfils norms and standards specified under section 19.
(3) On the contravention of the conditions of recognition, the prescribed authority shall, by an order in writing, withdraw recognition:
Provided that such order shall contain a direction as to which of the neighbourhood school, the children studying in the derecognised school, shall be admitted:
Provided further that no recognition shall be so withdrawn without giving an opportunity of being heard to such school, in such manner, as may be prescribed.
(4) With effect from the date of withdrawal of the recognition under sub-section (3), no such school shall continue to function.
(5) Any person who establishes or runs a school without obtaining certificate of recognition, or continues to run a school after withdrawal of recognition, shall be liable to fine which may extend to one lakh rupees and in case of continuing contraventions, to a fine of ten thousand rupees for each day during which such contravention continues.
Section 18, 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
- Assam Education (Provincialisation of Services of Teachers and Re-organisation of Educational Institutions) Act s. 14
- Assam Madrassa Education (Provincialisation of Services of Employees and Re-organisation of Madrassa Educational Institutions) Act, 2018 (Single Document) s. 16
- s. 19 Norms and standards for school
- s. 36 Previous sanction for prosecution
- s. 38 Power of appropriate Government to make rules
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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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: Certificate of recognition requirements and norms and standards for schools - valid provisions for ensuring educational quality standards
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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: Referenced as infringing minority rights and grounds for exempting minority schools
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Simi A.C. v. The Secretary, General Education
Court's Decision & Legal Precedent
Final Order order-1.pdf 2014-10-31 DATE VERIFIED. Dama Seshadri Naidu J. Isolate: RTE Act s.18 — no school may be established or continued without a certificate of recognition; an unrecognized English-medium school cannot be kept open by a ministerial stay of the DPI’s closure. s.17 corporal punishment is the catalyst, not the isolate. Leading HC. Distinctive (Simi / Jawahar English Medium / kennel). Fills empty RTE 18. Map 18 only — 3/12/21 already filled; do not pad 17/19.
On this section: RTE s.18 bars establishing or continuing a school without a recognition certificate; a ministerial stay cannot keep an unrecognized school open contrary to the Act (Simi / Jawahar English Medium).
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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… J U D G M E N T (Dated this the 21st day of January, 2025) This writ petition is preferred seeking the following prayers. i) issue writ of mandamus directing the 1st respondent to implement Ext.P4 order. ii) to declare that the 4th respondent cannot run the school without recognition provided under Section 18 of the Right of Children to Free and Compulsory Education Act. iii) to issue a writ of mandamus directing 1 st respondent toclose down the school run by the 4 th respondent. And iv) issue such other writ order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the …
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… It noticed that a school affiliated to CBSE does not require recognition from the State Government under the Kerala Education Act, 1958 (the KEA). But such a school requires recognition from the State Government under Section 18 of the Right of Children to Free and Compulsory Education Act, 2009 (the RTE Act) read with Rule 14 of the Right of Children to Free and Compulsory Education Rules, 2010 (the RTE Rules) on application made. The Bench held that a school affiliated to the CBSE imparting elementary education under the RTE Act is an …
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… It noticed that a school affiliated to CBSE does not require recognition from the State Government under the Kerala Education Act, 1958 (the KEA). But such a school requires recognition from the State Government under Section 18 of the Right of Children to Free and Compulsory Education Act, 2009 (the RTE Act) read with Rule 14 of the Right of Children to Free and Compulsory Education Rules, 2010 (the RTE Rules) on application made. The Bench held that a school affiliated to the CBSE imparting elementary education under the RTE Act is an …
Made under this section, and citing it
5 instruments name this provision in its title or its text without being made under it.
- Notification of Chhattisgrh State Child belonging to disadvantaged groupNotification 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
Questions about Section 18
What have the courts held on Section 18 of the Right of Children to Free and Compulsory Education Act?
Society for Un-aided P. School of Raj vs U. O. I (12 Apr 2012) is the leading judgment on this section among those set out below: Certificate of recognition requirements and norms and standards for schools - valid provisions for ensuring educational quality standards. Another 2 judgments on this section are set out below, 2 of them from the Supreme Court. They run from 2012 to 2014.
How do I find court cases under Section 18 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 18, section 18 RTE Act, section 18 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. 3 reported judgments on this section are set out on this page, beginning with Society for Un-aided P. School of Raj vs U. O. I (12 Apr 2012).
What should I read with Section 18 of the Right of Children to Free and Compulsory Education Act, and has it changed?
Its own text turns on section 19 (Norms and standards for school), so none of them can safely be read on its own. 5 other provisions in this corpus refer back to it. 5 instruments name it without being made under it, most recently Notification of Chhattisgrh State Child belonging to disadvantaged group (2011), then The Delhi Right of Children to Free and Compulsory Education Rules, 2011 (2011).
When did Section 18 of the Right of Children to Free and Compulsory Education Act come into force?
Section 18 of the Right of Children to Free and Compulsory Education Act, cited as RTE Act 18, 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 15 Oct 2026. This page is not a substitute for legal advice.