Chhattisgarh High Court Mandates Swift Action on Pending RTE Complaints in Durg District
The Chhattisgarh High Court, in a significant ruling on March 11, has directed the District Education Officer (DEO) of Durg to adjudicate 118 pending Right to Education (RTE) complaints within a strict timeframe of two weeks. This directive comes as the court expressed grave concern over procedural delays that are adversely impacting the admissions of economically disadvantaged and needy students across the state.
Court Reviews Affidavit on School Misconduct and Principal's Removal
While hearing a batch of matters led by WPPIL No 22 of 2016, C V Bhagvant Rao versus Union of India and others, a division bench comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal scrutinized an affidavit submitted by the Secretary of the School Education Department, Chhattisgarh. This affidavit was filed in response to media reports alleging misconduct at DAV Mukhyamantri Public School in Tilsiwa, Surajpur.
According to the affidavit, an inquiry conducted by the DEO of Surajpur revealed that the school principal had engaged in harsh behavior towards parents and was residing on the school premises without proper authorization from either the School Education Department or the DAV management. Additionally, it was noted that her husband frequently visited the campus. While some complaints regarding harsh conduct could not be conclusively verified, the court acknowledged that corrective measures had been implemented, including the removal of the principal from her position, with another teacher assuming additional responsibilities.
Petitioner Highlights Admission Delays as New Academic Session Looms
Counsel representing the petitioner vehemently opposed the ongoing delays, arguing that the impending new academic session would be severely compromised if these issues remained unresolved. The court, referencing the Secretary's affidavit, noted that in Durg district alone, 172 offline complaints had been received, of which only 54 had been resolved, leaving a staggering 118 cases pending. In response, the bench issued a clear order mandating the DEO of Durg to decide these 118 cases within two weeks from the receipt of the court's directive.
Intervenor's Grievances and Court's Directive on Compliance
The bench also addressed submissions made by intervenor Vikash Tiwari, who appeared in person. Tiwari informed the court that his grievances had been forwarded on February 5 by the Deputy Director of the Directorate of Public Instruction (DPI) to the DEOs of Durg, Raipur, and Bilaspur, with instructions to take action within one week. However, no subsequent action had been taken. The court directed the deputy director to ensure strict compliance with these instructions and to inform the court of the outcomes by the next hearing date.
Court Takes Suo Motu Cognizance of Alleged Unrecognized School Admissions
In a related development, the court took note of an application filed by the intervenor alleging that a private school in Tulsi, Raipur, had published an advertisement on March 7 inviting admissions for the 2026-27 academic session despite allegedly lacking the requisite recognition. The bench ordered the school to be impleaded as a respondent, directed the issuance of notice on the intervenor's application, and instructed the state counsel to ensure proper service of the notice. Furthermore, the Secretary of the School Education Department was directed to file a personal affidavit in response to this application.
Legal Challenge to RTE Act Admissions Restriction for Pre-School Classes
The court separately heard WPC No 414 of 2026, wherein the petitioner challenged a communication dated December 16, 2025, issued by the School Education Department. This communication restricted admissions under Section 12(1)(c) of the RTE Act to Class 1 only, thereby excluding pre-school classes from the 25 percent quota reserved for children from weaker sections and disadvantaged groups.
Senior counsel Manoj Paranjpe, representing the petitioner, argued that this communication was contrary to the provisions of Section 12(1)(c) and its proviso, which explicitly extend the quota to pre-school education wherever such education is imparted. He emphasized that the state had consistently implemented this provision since 2010 through circulars issued in 2010, 2015, and 2016. Paranjpe contended that the new communication created an arbitrary two-tier system by allowing fee-paying children entry at the pre-school level while excluding disadvantaged children. He also cited a judgment from the Rajasthan High Court dated January 8, 2026, which had struck down similar restrictions.
The bench, noting that the state was already represented in court, dispensed with the formal notice requirement. It directed the respondents to file their return within one week, with any rejoinder to follow within an additional week.
Court Seeks Explanation on Decline in Reserved Seats
Additionally, the court directed the Secretary of the School Education Department to provide an explanation in his affidavit regarding a reported decline of 30,000 reserved seats from a total of 85,000 in the current academic session, an issue raised by the petitioner's counsel. All matters have been listed for further hearing on March 24, 2026.
