Duty of appropriate Government and local authority to establish school
Section 6 of the Right of Children to Free and Compulsory Education Act, 2009 deals with duty of appropriate Government and local authority to establish school. For carrying out the provisions of this Act, the appropriate Government and the local authority shall establish, within such area or limits of neighbourhood, as may be prescribed, a school, where it is not so established, within a period of three years from the commencement of this Act. The Act came into force on 01 Apr 2010.
For carrying out the provisions of this Act, the appropriate Government and the local authority shall establish, within such area or limits of neighbourhood, as may be prescribed, a school, where it is not so established, within a period of three years from the commencement of this Act.
Section 6, 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.
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.
-
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 and local authority obligations to establish neighbourhood schools within 3 years - procedural mechanism for State to discharge Article 21A obligation
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
3 instruments name this provision in its title or its text without being made under it.
Questions about Section 6
What have the courts held on Section 6 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: Government and local authority obligations to establish neighbourhood schools within 3 years - procedural mechanism for State to discharge Article 21A obligation.
How do I find court cases under Section 6 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 6, section 6 RTE Act, section 6 of the Right of Children to Free and Compulsory Education Act. People searching for it also type right of children to free and compulsory education from 6 to 14 years. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is 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 6 of the Right of Children to Free and Compulsory Education Act, and has it changed?
3 other provisions in this corpus refer back to it. 3 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 Right of Children to Free and Compulsory Education rules 2011 (2011).
When did Section 6 of the Right of Children to Free and Compulsory Education Act come into force?
Section 6 of the Right of Children to Free and Compulsory Education Act, cited as RTE Act 6, 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.