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Lucknow Public School, Eldico v. The State of Uttar Pradesh

Special Leave Petition (Civil) · 2026 INSC 422Decided 28 Apr 2026
SLP(C) No.-015499-015499 - 2026
Justice Pamidighantam Sri Narasimha · Justice Alok Aradhe

Background

A young child was selected through the Uttar Pradesh government's official process under the Right of Children to Free and Compulsory Education (RTE) Act, 2009 for admission to the pre-primary class of Lucknow Public School, Eldico, as her designated "neighbourhood school," and her name was duly forwarded to the school. The school refused to admit her, citing "some uncertainty" about her eligibility. The child's family filed a writ petition, and the Allahabad High Court ruled that a school cannot sit in appeal over the State Government's admission decision and directed immediate admission. The school approached the Supreme Court by special leave petition challenging that direction.

Decision Breakdown

The Supreme Court held that once the government's screening process under Section 12 of the RTE Act and Rule 8 of the UP RTE Rules, 2011 is complete and a child's name is forwarded to a neighbourhood school, the school has no discretion to withhold or delay admission. It may make a representation to the concerned authority if it disagrees, but cannot wait for the outcome of that representation before admitting the child. The Court traced the RTE Act's "neighbourhood school" concept as a deliberate constitutional strategy to secure equality of status and social integration, and reiterated the five categories of "duty bearers" (the government, local authority, schools, parents and teachers) responsible for realising the Article 21A right to education, drawing on its own recent precedent Dinesh Biwaji Ashtikar v. State of Maharashtra (2026 INSC 56). Finding no reason to interfere with the High Court's order, the Court dismissed the school's petition and upheld the direction to admit the child without delay, with no order as to costs.

Lesson Learnt

Private unaided schools cannot second-guess or delay government-directed admissions of children under the Right to Education Act's neighbourhood-school quota: any objection must go through representation to the authorities, while admission itself must proceed immediately, because delay defeats a child's fundamental right to education under Article 21A.

Official source (sci.gov.in)View Judgment (PDF)

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