School Management Committee
Section 21 of the Right of Children to Free and Compulsory Education Act, 2009 deals with school Management Committee. A school, other than a school specified in sub-clause (iv) of clause (n) of section 2, shall constitute a School Management Committee consisting of the elected representatives of the local authority, parents or guardians of children admitted in such school and teachers: Provided that at least three- The Act came into force on 01 Apr 2010.
(1) A school, other than a school specified in sub-clause (iv) of clause (n) of section 2, shall constitute a School Management Committee consisting of the elected representatives of the local authority, parents or guardians of children admitted in such school and teachers:
Provided that at least three-fourth of members of such Committee shall be parents or guardians:
Provided further that proportionate representation shall be given to the parents or guardians of children belonging to disadvantaged group and weaker section:
Provided also that fifty per cent. of Members of such Committee shall be women.
(2) The School Management Committee shall perform the following functions, namely:--
(a) monitor the working of the school;
(b) prepare and recommend school development plan;
(c) monitor the utilisation of the grants received from the appropriate Government or local authority or any other source; and
(d) perform such other functions as may be prescribed.
1[Provided that the School Management Committee constituted under sub-section (1) in respect of,--
(a) a school established and administered by minority whether based on religion or language; and
(b) all other aided schools as defined in sub-section (ii) of clause (n) of section 2,
shall perform advisory function only.]
STATE AMENDMENT
Rajasthan
Amendment of section 21, Central Act No. 35 of 2009.—In sub-section (2) of section 21 of the principal Act,-
(i) in clause (c), the existing word “and”, appearing at the end, shall be deleted; and
(ii) after the existing clause (c), so amended, and before the existing clause (d), the following new clause shall be inserted, namely:-
“(ca) ensure that teachers perform their duties specified by or under section 24; and”.
[Vide Rajasthan Act 32 of 2017, s. 4.]
Section 21, 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
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: School Management Committee constitution and School Development Plan - provisions held not applicable to unaided schools in terms of mandatory management control
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The Principal, Chinmaya Vidyalaya v. Kerala State Commission for Protection of Child Rights
Court's Decision & Legal Precedent
Final Order order-5.pdf 2022-08-22 DATE VERIFIED. Raja Vijayaraghavan V J. WP(C) 17787/2022. Isolate: RTE Act s.21 School Management Committee does not apply to an unaided school specified in s.2(n)(iv) (no aid or grant from Government/local authority). A CBSE unaided school follows CBSE bye-laws for its SMC; the Child Rights Commission cannot direct a parallel s.21 SMC. Distinctive name. Leading HC.
On this section: RTE Act s.21 School Management Committee does not apply to unaided schools under s.2(n)(iv); a CBSE unaided school follows CBSE bye-laws, not a parallel s.21 SMC (Chinmaya Vidyalaya).
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.
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 21
What have the courts held on Section 21 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: School Management Committee constitution and School Development Plan - provisions held not applicable to unaided schools in terms of mandatory management control. Another 1 judgment on this section is set out below, 1 of them from the Supreme Court. They run from 2012 to 2022.
How do I find court cases under Section 21 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 21, section 21 RTE Act, section 21 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. 2 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 21 of the Right of Children to Free and Compulsory Education Act, and has it changed?
Its own text turns on section 2 (Definitions), section 24 (Duties of teachers and redressal of grievances), so none of them can safely be read on its own. 2 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 21 of the Right of Children to Free and Compulsory Education Act come into force?
Section 21 of the Right of Children to Free and Compulsory Education Act, cited as RTE Act 21, 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
- 2. Definitions672 words
- 38. Power of appropriate Government to make rules581 words
- 8. Duties of appropriate Government350 words
- 12. Extent of school’s responsibility for free and compulsory education329 words
- 9. Duties of local authority258 words
- 18. No school to be established without obtaining certificate of recognition253 words
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.