The Karnataka High Court has granted an interim stay on the execution of a circular issued by the education department that extended the benefits of the Right to Education (RTE) Act to classes 9 and 10 for students belonging to the SC/ST category.
Court Order and Next Hearing
Justice Ashok S Kinagi passed the order on Friday after hearing a petition filed by the Associated Managements of Primary and Secondary Schools Karnataka and other organizations. Observing that the matter required consideration, the judge also ordered a notice to the state government while fixing July 3 as the next date of hearing.
Details of the Circular
Through the May 21 circular, the government issued directions to all schools across the state to allow children belonging to the ‘disadvantaged group’ — SC/ST category — who completed eighth class in the academic year 2025-26 to continue in the same institution under the RTE Act. The circular stated that any fee received by schools from a child belonging to the SC/ST category for continuing study in classes 9 and 10 would be reimbursed. Additionally, the issuance of a transfer certificate for such a child who completed eighth class in 2025-26 would not prevent seeking readmission in the same school.
Petitioners' Arguments
Challenging the circular, the petitioners argued that it is not only in contravention of the Right of Children to Free and Compulsory Education Act but also without the authority of law. According to them, the constitutional mandate on free and compulsory education for all children in the age group of 6-14 years cannot be expanded to students in classes 9 and 10. The petitioners added that there was non-application of mind on the part of the authorities in issuing the circular, while seeking intervention of the High Court in the matter.
