What Schools Must Do Under the 25% Quota
Once your child is admitted under Section 12(1)(c), the school has binding legal obligations. Know exactly what is free, what is guaranteed, and what the school is prohibited from doing.
What the School Must Do
These are not courtesies or favours — they are statutory obligations under the Right of Children to Free and Compulsory Education Act, 2009. Failure to comply is a punishable offence.
The school must admit the child who has been allotted a seat through the RTE process, without any conditions, tests, or additional requirements.
Once admitted, the school cannot charge any fee from the RTE-admitted child for the entire duration of elementary education (Class 1 to Class 8). This includes tuition, development fees, exam fees, and all other charges.
The school must provide free textbooks, notebooks, and other prescribed learning materials to RTE-admitted children. The reimbursement received from the government is meant to cover these costs.
State rules under the RTE Act typically require schools to provide free uniforms to RTE-admitted children. The reimbursement from the government is intended to cover uniform costs.
RTE-admitted children must receive the same quality of instruction, access to school facilities, participation in school activities, and treatment as fee-paying children. Creating separate classes, benches, or timetables for RTE children is illegal.
Schools must maintain records of RTE-admitted children and submit annual reports to the Block Education Office and District Education Office as required under state rules.
The school has the right to claim per-child reimbursement from the state government for each RTE-admitted child. The government is obligated to pay this. Failure of the government to pay does not entitle the school to charge the child.
What Is Free — and What Is Not
The free education guarantee under Section 12(1)(c) covers a wide range of provisions. Here is exactly what is covered and what is not.
- Tuition fee for all subjects
- Examination fee and assessment charges
- Prescribed textbooks (as per state or CBSE/ICSE syllabus)
- Notebooks and writing materials
- School uniform (as prescribed by the school)
- Library fee and access to school library
- Computer lab access (where provided to other students)
- Sports and physical education activities
- Cultural and co-curricular activities offered by the school
- Private school bus or transport fee (transportation is not mandated free under Section 12(2))
- Extra coaching or tuition outside school hours
- Excursions or school trips beyond the regular school programme (though many states require these to be free for RTE children too)
What Schools Are Prohibited from Doing
These practices are not just unethical — they are illegal under the RTE Act and carry specific penalties. If you observe any of these, file a complaint immediately.
| Prohibited Practice | Section Violated | Penalty / Consequence |
|---|---|---|
| Charge any fee, donation, or contribution from RTE-admitted child or parent | Section 13 | Fine equal to 10 times the capitation fee collected |
| Conduct an interview or screening test of the child or parent | Section 13(1) | ₹25,000 for first offence; ₹50,000 for repeat offence |
| Deny admission citing "school full" after government allotment | Section 12(1)(c) | Complaint to DEO; can result in recognition withdrawal |
| Segregate RTE children in separate classes, sections, or seating | Section 17 (dignity) and general RTE framework | Complaint to SCPCR/NCPCR; school liable for harassment |
| Ask RTE child to wear different uniform or carry different bag | Section 17 (non-discrimination) | Complaint to DEO; may lead to action against school management |
| Expel or remove an RTE child before completion of elementary education without due process | Section 16 (no detention or expulsion) | Complaint to DEO; reinstatement must be ordered |
| Require RTE child to pay for school trips, sports events, or other school activities | Section 12(2) — all school provisions must be free | Complaint to DEO; amount must be refunded |
Segregating RTE children is illegal. Full stop.
Placing RTE-admitted children in separate classrooms, separate benches, different time-tables, or any form of visible distinction from fee-paying students violates the equal treatment principle under the RTE Act and the right to dignity under Article 21 of the Constitution. The Bombay High Court in Akanksha Foundation v. State of Maharashtra (2020) specifically struck down this practice and ordered full integration.
Your child admitted under the 25% quota has the right to sit in the same classroom, use the same facilities, and participate in every school activity alongside fee-paying students.
Bombay High Court — PIL No. 116/2016 (2020) | Section 8 read with Section 12, RTE Act
Reimbursement: The School Gets Paid by the Government
How Reimbursement Works
Schools are entitled to reimbursement from the state government for each child admitted under the 25% quota. The amount is the lower of: (a) the per-child expenditure in government schools, or (b) the actual fee charged by the school. This is a right of the school, not of the parent — parents are never involved in the reimbursement transaction.
Rate: The lower of: (a) per-child expenditure in government schools in that state/district, or (b) the actual fee charged by the private school to regular (fee-paying) students.
Schools submit annual claims to the state government through the DEO/BEO. The government processes and credits the amount to the school's designated account. Delays in government payment do not affect the child's right to free education.
School not following its obligations?
Know exactly what to do — step by step — when a school refuses admission or violates its duties.
When the School Refuses →