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CBSE and CISCE Schools in Uttar Pradesh Not Exempt from :
In a significant clarification that could reshape the landscape of elementary education in Uttar Pradesh, the has firmly ruled that private schools affiliated to the or the are not exempt from the obligations imposed under the . The Court made this observation while hearing a concerning .
A Significant Clarification on
The single bench of Justice Vinod Diwakar was dealing with a case that initially sought a routine adjournment but soon expanded into a larger examination of how the
is being implemented across the state. The Court noted that the issue had emerged about
"the opportunities available for the education of children belonging to
and
."
At the heart of the matter was the question: can a school that is recognized by the CBSE or CISCE claim from the State's education policy, particularly the mandate to admit children from weaker sections and disadvantaged groups in Class I and provide them free elementary education until completion?
The Court answered unequivocally:
"It follows that a school affiliated to the CBSE or the CISCE and imparting elementary education within the State is subject to the obligations imposed by the
in the same measure as any other school, and its affiliation to a Board other than the State Board affords it no
therefrom."
The Core Legal Issue: Enforcing Every Child's Right
The High Court identified the central legal question as
"the enforcement of the right conferred on every child to
in an unaided private school not receiving any aid or grant from the appropriate Government or local authority."
Under the
, such schools must admit in Class I children belonging to weaker sections and disadvantaged groups—including
—from the neighbourhood and provide them free education till completion.
The Court noted that it had been brought to its notice that certain private educational institutions recognized by the were "reluctant" to admit such children and to forgo the fees and other charges ordinarily levied by them. However, the bench was careful to clarify that it was expressing no opinion on the correctness of this allegation at this stage, stating that the being called for would enable the position to be ascertained.
Court's Comprehensive Directions
Recognizing the need for systemic data, Justice Diwakar directed the to file a containing district-wise details. The State must furnish:
- A list of all private primary schools, aided and unaided, established within Uttar Pradesh, irrespective of their Board affiliation.
- The number of students enrolled in each school, broken down by Junior Basic School stage (Classes I-V), Junior High School stage (Classes VI-VIII), High School stage, and Intermediate stage.
More importantly, for each of the last five academic sessions, the State must provide school-wise information on:
- The number of children actually admitted under the RTE quota.
- The number of children allotted to a school by the competent authority whose admission was declined or not effected, along with the reasons recorded.
- The number of complaints received alleging charging of or adoption of a contrary to the State's education policy, and the action taken on those complaints.
All schools, including those affiliated to CBSE, CISCE, and other Boards, have been directed to cooperate with the Basic Shiksha Adhikari and District Inspector of Schools in furnishing this information.
Implications and Next Steps
While the Court has yet to pass a final order on the merits, this makes clear that no private school in Uttar Pradesh—regardless of its Board affiliation—can claim immunity from the 's mandate. The comprehensive data sought will enable the Court to assess the true extent of compliance and identify patterns of resistance.
The Registrar (Compliance) has been directed to transmit copies of the order to the Principal Secretary, Basic Education, the Director of Education (Basic), and the Director of Education (Secondary). Copies have also been sent to the CBSE and CISCE for reference and necessary compliance.
The matter has been listed for further hearing on , by which time the State is expected to file its . This case is likely to have far-reaching implications for the enforcement of every child's to education under .
