The State Government has an unequivocal obligation to commence the admission process timely under the RTE Act, and cannot defer its responsibilities due to financial constraints from the Central Government.

ORDER :

1. "Today, education is perhaps the most important function of state... It is the very foundation of good citizenship. Today it is the principal instrument in awakening the child to cultural values, in preparing him for later professional training, and in helping him to adjust normally to his environment. In these days, it is doubtful any child may reasonably be expected to succeed in life if he is denied the opportunity of an education. Such an opportunity, where the state has undertaken to provide it, is a right which must be made available to all on equal terms." - Earl Warren, CJ in Brown v. Board of Education , 98 Lawyers Ed. 873

2. This writ petition has been filed in public interest. The issue flagged by the petitioner is that the process of admission under Right of Children to Free and Compulsory Education Act, 2009 does not commence in time. He points out that though the admission of children must take place before the very commencement of the academic year, till the second week of May, 2025, steps have not been taken to receive applications online for admissions under the Act.

3. The prayer in the writ petition is only for directing the authorities to initiate the admission process for the academic year 2024-25. This being a public interest litigation, we cannot confine ourselves to the writ prayer alone. We have to necessarily address all the attendant aspects. The writ court dealing with issues of public importance can mould the reliefs and issue appropriate directions to do complete justice. Courts of equity may, and frequently do, go much further both to give and withhold relief in furtherance of the public interest than they are accustomed to go where only private interests are involved (vide Shiv Shankar Dal Mills v. State of Haryana , (1980) 2 SCC 437 ).

4. We have to widen the scope of this writ petition to deal with the issue of reimbursement of expenditure incurred by the private school managements. We take judicial notice of the fact that the Education Department does not make the reimbursements in time. In fact, one of us (G.R.S, J.) had occasion to consider this aspect in The Correspondent, Krishnamal Ramasubbaiyer School v. The State of Tamil Nadu , WP (MD) No. 10952 of 2021 dated 14.07.2022.

5. The learned Additional Advocate General appearing for the State Government, while conceding that the private school managements are entitled to reimbursement, contended that this responsibility has to be shared between the Central and the State Governments. He added that unfortunately, the State has not been paid its legitimate dues and as a result, the State Government is not able to reimburse the school managements in time. He informed us that the Principal Secretary to Government, School Education Department had convened a meeting of the officials in this regard. He later circulated the minutes of the meeting. His stand is that due to non-release of funds by the Union Government, the expenditure towards RTE reimbursement to the schools under Section 12 (1)(c) of the Act to the tune of Rs.188.99 crores for the year 2022-23 was borne in entirety by the Government of Tamil Nadu. The Government of Tamil Nadu has since approached the Hon'ble Supreme Court by filing a suit under Article 131 of the Constitution of India in O.S Diary No.28793 of 2025 against the Union Government. The State has sought direction against the Union Government to pay a sum of Rs.2151.59 crores being its 60% share towards Samagra Shiksha Scheme as approved by Project Approval Board for the financial year 2024-25. The Tamil Nadu Government proposes to make a further representatio