The Court said that although this rule is part of the RTE Act, simply relying on guidelines or Standard Operating Procedures (SOPs) issued by child rights bodies is not enough to make the law effective. The judges explained that SOPs are not legally binding, and therefore, they do not create any enforceable duty on schools. Because of this, many schools fail to follow the quota properly, and children are being denied their legal right to education.
A Bench of Justices P.S. Narasimha and Atul S. Chandurkar said the states and Union Territories must now draft and implement clear, binding rules under Section 38 of the RTE Act. These rules should explain how children from weaker sections should be identified, admitted, and protected from discrimination. Without these enforceable rules, the Court warned, the “promise” of free and compulsory education under Article 21A of the Constitution and the RTE Act could become a dead letter—meaning it exists on paper but does not work in reality.
The ruling came after a parent in Maharashtra approached the Supreme Court, saying his children were denied admission under the 25% quota despite available seats. The Court observed that admissions under the quota must be more than just a guideline—there must be legal backing so schools can be held accountable.
In its judgement, the Supreme Court also pointed out that when children from all backgrounds study together, it helps break social barriers and supports equality in education. The Court’s decision is seen as a major step to make the RTE 25% quota stronger, clearer, and enforceable, ensuring that children from weaker families truly get their right to education.