IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 14.01.2026 Master Zaki Iqbal (Minor) through natural guardian father Sarvar Khan and another ….Petitioners Versus State of Punjab and others ….Respondents CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI Present: Mr. Gaurav Chopra, Senior Advocate (Amicus Curiae) with Mr. Rishabh Bajaj, Advocate, Mr. Vardhan Sethi, Advocate.

Mr. Sahil R. Bakshi, AAG, Punjab.

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KULDEEP TIWARI, J. (Oral)

1. A 10-year-old child, through his father, has knocked the doors of this Court seeking issuance of directions to the respondent No.4- School to admit him in Class 3 under the 25% quota earmarked for children belonging to the weaker sections of society. The petitioner has further prayed for issuance of directions to the respondent No. 1 to ensure that free and compulsory elementary education, as envisaged under Section 12 of the Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as the ‘Act of 2009’), is made available to him by the respondent No. 4-School.

2. Succinctly stated, the petitioner was initially admitted to the respondent No.4-School in Class 1 under the “General” category, and at no point in time did he seek admission under the “Economically Weaker Section” category. Thereafter, the parents of the petitioner requested the respondent No. 4-School to promote him directly from Class 1 to Class 3, taking into account his age and abilities. The request was considered, and he was found eligible in all respects for promotion to Class 3. However, the petitioner did not attend school during the first term, and the plea taken before this Court in this regard is that his parents were unable to bear his school fees and other educational expenses. Resultantly, a prayer has been made that the petitioner be allowed to continue his education by virtue of Section 12 of the Act of 2009, which casts an obligation on all unaided schools, not receiving any grant or aid, to admit, to the extent of at least

25%, children belonging to the weaker sections and disadvantaged groups.

3. Upon analysing Section 12 of the Act of 2009, this Court is, prima facie, of the opinion that the obligation cast upon schools defined under Section 2(n)(iii) and (iv) of the Act of 2009 is to provide free and compulsory elementary education to children belonging to the weaker sections and disadvantaged groups in their neighbourhood, to the extent of at least 25% of their strength.

4 The learned Amicus Curiae submits that the State of Punjab framed The Punjab Right of Children to Free and Compulsory Education Rules, 2011 (hereinafter referred to as the ‘Rules of 2011’), which confer discretion upon the schools referred to in Section 2(n)(iii) and (iv) of the Act of 2009 to admit children belonging to weaker sections and disadvantaged groups. At the time of obtaining initial admission in Class 1, the petitioner may not have applied to the respondent No. 4-School under the Rules of 2011.

5. He further submits that the Rule 7(4) of Rules of 2011 were found to be in conflict with the statutory Rules by a Division Bench of this Court in CWP-PIL-285-2024, and, as a result, an interim direction was issued that all private unaided recognized schools satisfying the criteria laid down in Section 2(n)(iv) of the Act of 2009 shall reserve 25% of the seats in Class I for children belonging to weaker sections and disadvantaged groups residing in the neighborhood of the school, so as to provide free and compulsory education. The relevant portion of the interim order dated

19.02.2025 is extracted hereunder:-

“The public cause raised in this PIL is by challenging the provisions of Rule 7(4) of “The Punjab Right of Children to Free and Compulsory Education Rules, 2011” (hereinafter referred to as “Punjab RTE Rules, 2011”) which is reproduced for ready reference and convenience below:

“Rule 7 (4) All admissions of the children belonging to the weaker section and the disadvantaged group shall be made by the