Karnataka High Court Stays Government Circular Extending RTE Quota to SC/ST Students in Classes 9 and 10

The Karnataka High Court on Monday issued an interim order staying a state government circular that sought to extend Right to Education (RTE) quota benefits to Scheduled Caste (SC) and Scheduled Tribe (ST) students in classes 9 and 10. The order, passed by Justice Ashok S. Kinagi, halts the implementation of the circular until the next hearing on July 3, 2026.

The circular, issued by the Commissioner for Public Instruction on May 21, 2026, directed all private schools in the state to allow SC/ST students who completed class 8 during the 2025-26 academic year to continue their studies in classes 9 and 10 under Section 12(1)(c) of the Right of Children to Free and Compulsory Education (RTE) Act, 2009. It also mandated reimbursement of fees collected from such students and stated that issuance of transfer certificates would not prevent readmission under the RTE quota.

The interim order came in response to a petition filed by several private school associations, including the Associated Managements of Primary and Secondary Schools in Karnataka (KAMS), the Management of Independent CBSE Schools Association, and other bodies representing over 5,000 private unaided English-medium schools. The petitioners argued that the RTE Act, rooted in Article 21A of the Constitution, guarantees free and compulsory education only for children aged 6 to 14, covering classes 1 to 8, and does not extend beyond that.

In their petition, the associations contended that the state government cannot, through a mere administrative circular and without any legal provision, expand the scope of the RTE Act beyond class 8. They also alleged that the circular was issued at the behest of the Chief Minister's Office and the Social Welfare Department without independent application of mind by the statutory authority. Furthermore, the petitioners argued that extending the benefit exclusively to SC/ST students, while excluding other disadvantaged groups, amounts to selective and arbitrary implementation of the law, violating Article 14 of the Constitution.

The court has directed that the operation of the circular remain stayed until the next hearing on July 3, 2026, providing relief to private schools that had already commenced admissions for the 2026-27 academic year.