Private unaided schools, regardless of their affiliation (State Board, CBSE, or CISCE), are obligated to comply with the Right of Children to Free and Compulsory Education Act, 2009, specifically regarding the admission of children from economically weaker and disadvantaged sections.

1. Ms. Apeksha Sachdev, learned Advocate, holding brief of Shri Gaurav Tripathi, learned counsel for the petitioner, seeks a short accommodation on the ground that the arguing counsel is in some personal difficulty.

2. In view of the submissions made by Shri Gaurav Tripathi, learned counsel for the petitioner, as noted in the previous orders. The contentions raised by Shri Anoop Trivedi, learned Additional Advocate General, a larger issue has emerged concerning the opportunities available for the education of children belonging to economically weaker sections and socially disadvantaged groups.

3. The short adjournment pressed for is allowed. In the meantime, the State is directed to file a comprehensive affidavit in response to the contentions raised by the petitioner with respect to the applicability of the provisions of the Right of Children to Free and Compulsory Education Act, 2009 (hereinafter, "the RTE Act"), and with respect to the resolve of the State Government to secure quality education for children belonging to economically weaker sections and socially disadvantaged groups.

4. The issue that arises concerns the enforcement of the right conferred on every child to free and compulsory elementary education in an unaided private school not receiving any aid or grant from the appropriate Government or local authority — to admit in class I, the children belonging to weaker sections and disadvantaged groups including a child with disability, and severe disability or multiple disability in the neighbourhood, and to provide them free and compulsory elementary education till its completion.

5. It has been brought to the notice of this Court that certain private educational institutions recognised by the State Government, run and established within its territorial jurisdiction, are reluctant to admit children, and to forgo the fees and other charges ordinarily levied by them. In this connection, the correctness of the allegation is a matter upon which no opinion is expressed at this stage, and the affidavit called for hereinafter will enable the position to be ascertained.

6. Private primary schools in Uttar Pradesh are recognised within the framework of 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, and the expression "basic schools" is to be construed accordingly. Section 2(1)(d-1) defines a "Junior Basic School" as a basic school in which education is imparted up to class five, and Section 2(1)(d-2) defines a "Junior High School" as a basic school in which education is imparted from 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 in the State, and the Rules governing recognised basic schools have been framed in exercise of the power conferred by Section 19(1) thereof.

7. So far as schools affiliated to the Central Board of Secondary Education, the Council for the Indian School Certificate Examinations, or any other Board are concerned, it is learnt that the State Government issues a No Objection Certificate enabling such schools to be established and to function within its territorial jurisdiction. Under the CBSE Affiliation Bye-Laws, 2018, a "No Objection Certificate" is a letter issued by the appropriate authority of the Education Department of the State in respect of a school situated within that State, for affiliation of the school to the Board. Schools of the categories specified therein — including private schools established by societies registered under the Societies Registration Act, 1860, or under State enactments governing educational, charitable or religious societies, and companies registered under Section 8 of the Companies Act, 2013 having education as one of their objects — are required to submit a formal p