The Supreme Court on Monday, 15 June issued notice to the Punjab government on a Public Interest Litigation (PIL) alleging persistent non-implementation of the Right of Children to Free and Compulsory Education (RTE) Act, 2009, effectively denying free schooling to children from economically weaker sections (EWS) and disadvantaged groups across the state.

A bench comprising Chief Justice of India (CJI) Surya Kant and Justice V. Mohana passed the notice order while hearing a petition filed by K.S. Raju Legal Trust, represented by Dr Jagmohan Singh Raju. The matter has been listed for the next hearing on 17 August.

What the PIL Alleges

The petition contends that private unaided non-minority schools in Punjab have consistently failed to honour Section 12(1)(c) of the RTE Act, which mandates that at least 25 per cent of entry-level seats be reserved for EWS and disadvantaged children. The plea argues that this failure has rendered the constitutional guarantee of free education under Article 21A 'illusory in practice' since the law came into force in 2009.

Critically, the petitioner submitted that while at least 50,000 students ought to have been admitted under the EWS quota, data obtained through the Right to Information (RTI) Act revealed that some schools had not admitted even a single child under the scheme for nearly 15 years.

Court's Observations

During the hearing, the CJI noted that the government's counter affidavit did confirm admissions under the EWS category in private schools. However, the bench directed the petitioner to conduct a more comprehensive study. 'Conduct a study and find out how many schools have refused it. RTI has to be framed intelligently. See how many private schools are recognised, how many admissions have been made,' the court remarked while issuing notice.

The bench's direction signals that the court wants granular, school-level data before proceeding — a calibrated approach that places the evidentiary burden squarely on the petitioner ahead of the August 17 hearing.

Prior Judicial Interventions

This is not the first time the issue has reached the judiciary. The PIL notes that the Punjab and Haryana High Court issued directions in 2025 and initiated contempt proceedings, yet effective compliance was not secured. The High Court had reportedly described the Punjab government's approach as 'lackadaisical' and recorded prima facie findings of wilful disobedience of judicial orders — a damning characterisation that now forms part of the Supreme Court record.

Notably, the petition also invokes Sections 12(2) and 18 of the RTE Act — provisions governing reimbursement to schools and recognition conditions — arguing that failure to enforce these sections compounded the non-compliance. The plea further warns that the harm caused by denial of EWS admissions is irreversible, since the entitlement is confined to entry-level admissions and lapses once a child exceeds the prescribed age.

Reliefs Sought

The petitioner has sought Supreme Court intervention under Article 32, urging directions to the Union government to invoke its constitutional authority under Articles 256 and 355 to compel Punjab's compliance. Among the specific reliefs sought are: a transparent, time-bound monitoring mechanism with public dashboards; publication of available seats and admission schedules; a structured reimbursement framework for participating schools; and enforcement measures against non-compliant institutions.

The petition also seeks interim directions ensuring that no eligible child is denied admission during the ongoing 2026-27 admission cycle, and that supplementary admission rounds be considered where necessary. The Supreme Court's response on 17 August will be closely watched by education rights advocates and state governments across India, given that EWS quota compliance remains a national challenge under the RTE framework.