Allahabad HC Calls for District-wise Data on RTE Admissions from All Private Schools in UP, Including CBSE-Affiliated Institutions

The Allahabad High Court has directed the Uttar Pradesh government to file a comprehensive affidavit disclosing EWS and disadvantaged-group admissions across all private schools, aided and unaided, statewide.

Justice Vinod Diwakar, sitting singly at the High Court of Judicature at Allahabad, passed a detailed interim order on 25 August 2026 in a writ petition filed by St. John's School, Babhanauti, Pachwal against the State of Uttar Pradesh. What began as a routine request for an adjournment expanded into a wider inquiry. The court, prompted by submissions from the Additional Advocate General and earlier orders in the matter, identified a larger issue: the extent to which private unaided schools across Uttar Pradesh are in fact complying with their obligation to admit children from economically weaker sections and socially disadvantaged groups under the Right of Children to Free and Compulsory Education Act, 2009. The court has now called for granular, district-wise data from across the State—covering every private school, irrespective of Board affiliation—before the matter returns on 15 September 2026.

The Dispute Before the Court

The petition concerns the applicability of the Right of Children to Free and Compulsory Education Act, 2009 (“the RTE Act”) to private schools and the State Government's resolve to secure quality education for children from weaker sections and disadvantaged groups. Ms. Apeksha Sachdev, holding the brief of Shri Gaurav Tripathi, counsel for the petitioner, sought a short adjournment on account of a personal difficulty of the arguing counsel. The court allowed it, but did not leave the matter there.

Shri Anoop Trivedi, learned Additional Advocate General appearing for the State, had in the course of earlier proceedings raised contentions that drew the court's attention to what it described as a larger issue — the actual availability of educational opportunities for children belonging to economically weaker sections and socially disadvantaged groups in private unaided schools.

The court noted that certain private educational institutions recognised by the State Government and functioning within its territorial jurisdiction are, as brought to its notice, reluctant to admit such children and to forgo the fees and other charges ordinarily levied by them. The court was careful to add that no opinion was being expressed on the correctness of that allegation at this stage, and that the affidavit it was calling for would allow the position to be ascertained.

The Legal Framework the Court Identified

The court set out the statutory framework with some care. Private primary schools in Uttar Pradesh are recognised under the Uttar Pradesh Basic Education Act, 1972. Under Section 2(1)(b) of that Act, “basic education” means education up to class eight imparted in schools other than High Schools or Intermediate Colleges. Section 2(1)(d-1) defines a “Junior Basic School” as a basic school imparting education up to class five, and Section 2(1)(d-2) defines a “Junior High School” as a basic school covering class six to class eight. The Uttar Pradesh Board of Basic Education, constituted under Section 3 of the Act, grants recognition to private schools imparting basic education, with rules framed under Section 19(1) governing recognised basic schools.

For schools affiliated to the Central Board of Secondary Education, the Council for the Indian School Certificate Examinations, or any other Board, the court noted that the State Government issues a No Objection Certificate enabling such schools to be established and to function within Uttar Pradesh. Under the CBSE Affiliation Bye-Laws, 2018, a No Objection Certificate is a letter issued by the appropriate authority of the State's Education Department in respect of a school for affiliation to the Board. Private schools established by societies registered under the Societies Registration Act, 1860, or under State enactments, and companies registered under Section 8 of the Companies Act, 2013 with education as an object, are required to submit a prior No Objection Certificate from the State Government before being affiliated.

From this, the court drew a direct conclusion: a school affiliated to the CBSE or the CISCE imparting elementary education within Uttar Pradesh is subject to the same obligations imposed by the State Government as any other school. Affiliation to a Board other than the State Board affords no exemption from those obligations.

The core obligation in focus is the one that the RTE Act places on every unaided private school not receiving aid or grant from the appropriate Government or local authority — to admit in Class I children belonging to weaker sections and disadvantaged groups, including children with disability, severe disability, or multiple disability in the neighbourhood, and to provide them free and compulsory elementary education till its completion.

Directions to the State and Schools

The court directed the State to file a comprehensive affidavit setting out, on a district-wise basis, the following information.

First, a list of all private primary schools — aided and unaided — established and functioning within Uttar Pradesh, irrespective of the Board to which they are affiliated. Information about basic schools is to be collated through the Basic Shiksha Adhikari of each district, and information about High Schools and Intermediate Colleges through the District Inspector of Schools concerned. The number of students enrolled in each school is to be shown separately for the Junior Basic School stage, the Junior High School stage, the High School stage, and the Intermediate stage.

Second, for all private schools — aided and unaided, and again irrespective of Board affiliation — the State must furnish school-wise data for each of the last five academic sessions. This data must cover: the number of children actually admitted under the RTE Act; the number of children allotted to a school by the competent authority whose admission was declined or not effected, along with any reasons recorded; and the number of complaints received alleging the charging of capitation fees or the use of screening procedures contrary to the State's education policy, and the action taken on each such complaint.

The court directed all schools affiliated to the CBSE, the CISCE, and any other Board to extend cooperation to the Basic Shiksha Adhikari and the District Inspector of Schools in furnishing the required details. It clarified that the information is being called for to enable the court to obtain a complete picture, that no opinion has been expressed upon the conduct of any school, and that nothing in the order is to be acted upon to the prejudice of any institution except after notice and in accordance with law.

Transmission of the Order

The Registrar (Compliance) was directed to transmit a copy of the order immediately to the Principal Secretary, Basic Education, Government of Uttar Pradesh, and to the Director of Education (Basic) and the Director of Education (Secondary), Uttar Pradesh, Prayagraj, for compliance.

A copy of the order was also directed to be sent to the Central Board of Secondary Education at its regional office in Prayagraj, and to the Indian Council of Secondary Education at its office at Fatehuyllaganj, P.O. Thakurdwara, District Moradabad, Uttar Pradesh, for reference and necessary compliance.

Outcome

The adjournment sought by the petitioner's counsel was allowed. The State of Uttar Pradesh has been directed to file the comprehensive affidavit described above. The matter has been listed as fresh on 15 September 2026 at 2:00 p.m.