CBSE, CISCE schools in UP cannot bypass RTE obligations: Allahabad HC

The Allahabad High Court has clarified that CBSE and CISCE-affiliated private schools in Uttar Pradesh are not exempt from RTE obligations and has sought five-year data on admissions, rejections, capitation fees and screening complaints.Allahabad HC says CBSE, CISCE schools in UP not exempt from RTE Act, seeks 5-year admission data (Image courtesy: Getty Images)The Allahabad High Court has clarified that private schools in Uttar Pradesh affiliated with the CBSE, CISCE or other Boards are not exempt from obligations under the Right of Children to Free and Compulsory Education Act, 2009.The RTE Act makes education a fundamental right for every child aged between 6 and 14 years under Article 21A of the Indian Constitution.The Court has directed the Uttar Pradesh government to furnish five-year, school-wise data on RTE admissions, including details of children whose admissions were declined or not effected, as well as complaints alleging capitation fees or prohibited screening procedures, as reported by LiveLaw.COURT SEEKS COMPREHENSIVE AFFIDAVIT ON RTE IMPLEMENTATIONA Bench of Justice Vinod Diwakar passed the directions while hearing a writ petition concerning St. John S School, Babhanauti, Pachwal. In its order passed on August 25, the Court observed that a larger issue had emerged regarding the “opportunities available for the education of children belonging to economically weaker sections and socially disadvantaged groups”.The State Government has been asked to file a comprehensive affidavit explaining the applicability of the Right of Children to Free and Compulsory Education Act, 2009, and its efforts to ensure quality education for children from economically weaker sections and socially disadvantaged groups. The Court noted that it had been brought to its notice that certain private educational institutions recognised by the State Government were allegedly reluctant to admit children and forgo the fees and other charges ordinarily levied by them, as reported by LiveLaw.However, the Court clarified that it was not expressing any opinion on the correctness of these allegations at this stage. It said the affidavit sought from the State would help ascertain the actual position.CBSE AND CISCE AFFILIATION DOES NOT PROVIDE EXEMPTIONThe Court specifically examined the position of private schools affiliated with the Central Board of Secondary Education, Council for the Indian School Certificate Examinations and other Boards.It noted that such schools require a No Objection Certificate from the State Government for their establishment and functioning in Uttar Pradesh, as well as for affiliation with the concerned Board.The Court, therefore, clarified that CBSE or CISCE affiliation does not, by itself, exempt an elementary school in Uttar Pradesh from applicable obligations under the State's education framework.UP GOVERNMENT ASKED FOR DISTRICT-WISE SCHOOL DETAILSThe High Court has directed the State Government to submit a district-wise list of all private primary schools, both aided and unaided, established and functioning in Uttar Pradesh, irrespective of their Board affiliation.Information relating to basic schools is to be collected through the Basic Shiksha Adhikari, while details of High Schools and Intermediate Colleges are to be compiled through the District Inspector of Schools, as reported by LiveLaw.The State has also been directed to provide enrolment details for each school separately at the following levels:Junior Basic SchoolJunior High SchoolHigh SchoolIntermediateFIVE-YEAR DATA ON ADMISSIONS AND COMPLAINTS SOUGHTMore significantly, the Court has sought school-wise information for each of the last five academic sessions from all private schools, aided and unaided, regardless of their affiliation.The State has been asked to provide details on:The number of children actually admitted;The number of children allotted to a school by the competent authority whose admission was declined or not effected, along with the reasons recorded, if any; andThe number of complaints alleging the charging of capitation fees or the use of screening procedures prohibited under the State's education policy, along with the action taken on such complaints.The Court has also directed schools affiliated with the CBSE, CISCE and other Boards to cooperate with the Basic Shiksha Adhikari and District Inspector of Schools in furnishing the information sought, as reported by LiveLaw.- EndsPublished By: Karan YadavPublished On: Aug 27, 2026 10:42 IST