15 years after RTE Act took off, implementation is uneven across and within states: a pan-India special report by The Federal. This is part 2 of a 3-part series
The Right to Education (RTE) Act, high on aspirations and backed by the ideal of education-for-all, needs the states to be fully on board for effective implementation. And that is where the first of many hiccups started.
The Act came into effect in April 2010, but many states did not implement it until much later. Even those that did largely did so ineffectively.
The problems were aplenty — seats in private schools under the Economically Weaker Sections (EWS) quota lying vacant, children being denied admission or confronted with extensive documentation requirements to prove eligibility, students not receiving uniforms and books, and the government’s failure to reimburse schools.
Together, these have all plagued the implementation of the RTE Act in state after state. Here is a brief account of how the different states have fared so far in making the Act work.
Read Part I of the series here: Education for all, but only on paper: 15 years of Right to Education
Delhi: Half-hearted attempts
In 2023-24, as many as 2.09 lakh families were trying for just 35,000 EWS/DG (Disadvantaged Group) seats in 2,001 of the capital’s private schools. Even though applications were in high demand, almost 6,500 such seats remained unoccupied.
According to figures sent by the Delhi Education Department to the Assembly, over 3,000 seats got no applications whatsoever.
The issue isn’t only about non-adherence. Even when the Education Department allocates children EWS seats, they do not necessarily get admitted. Between 2020 and 2022, close to 18,000 children in Delhi were allocated seats but were eventually refused admission, the National Commission for Protection of Child Rights (NCPCR) found out.
Schools' reluctance
“Year after year, we see the same thing. Schools don’t take these children. Some put admissions on hold; others request forms they know the parents can’t produce. And most of those parents are not aware of the online forms or bureaucratic language. They don’t have the leverage to resist. So, their children remain in a limbo,” a Delhi government official told The Federal.
Even children from EWS backgrounds who do manage to get in face a great deal of issues.
“RTE does not mean you stop at giving admission to EWS students. They are supposed to be provided with books, uniforms and stationery. But this is not done," Aparajita Gautam, President of the Delhi Parents Association, told The Federal.
"Sometimes they get old textbooks which may no longer be useful, or photocopies of books. Some schools give half the textbooks and tell the parents to purchase the other half,” she added.
“I would say 99 per cent parents have to compromise on these things. Annual functions and trips are costs they have to pay for; the school does not. Many schools deny admission. They say they will give admissions only on a 3:1 ratio. So, only if three general students are enrolled, will they give admission to one EWS person,” Gautam further said.
Financial strain
The experience of EWS parents also aligns with this. A parent who has two children in Sri Venkateshwar International School said his older child got his complete set of textbooks only in the current year.
“Till Class 5 he got no books, and in the last two years, they gave him only half the books. They told us to buy the rest. As far as uniform goes, he’s been given the daily uniform, but his 'house' uniform is separate, which we are expected to buy.
"There are a pair of white shoes they have personalised, so we cannot even buy them from outside, and we cannot afford to buy them from the school, so I have been sending my son in his regular black shoes,” the parent told The Federal.
He said his children have also missed out on outstation trips. “There was a trip to Malaysia which cost Rs 2.5 lakh, and a two-day trip to Ranthambore in Rajasthan which cost Rs 13,000. There is just no way we cannot afford this, so our children have to suffer,” he said.
Poor knowledge of RTE
Another EWS parent whose son studies at Maxfort School narrated a similar story. “Last year, he did not get his uniform till November even though the session started in April. After I raised a hullabaloo, they started giving textbooks; otherwise, they wouldn’t even do that," he told The Federal.
"But we are still expected to pay for annual functions and competitions that we cannot afford. Just recently, there was a skating championship that I could not send my son to,” he added.
Some, even 15 years later, do not know about RTE. Nishat Khan, a domestic worker residing around New Friends Colony, said her children attend the local government school, and she was not aware that there was a chance of free private school education for them.
The situation is not very different in the other states.
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Karnataka: Watered down
Although the RTE Act has been in force in Karnataka since 2012, its intent remains largely limited to its foundational rules.
A 2018 amendment to the Act by the Congress-JD(S) coalition government in the state proved detrimental to the poor and underprivileged communities. The lack of commitment from the government, indifference from private school associations, and loopholes in the law have rendered its objectives unfulfilled.
Initially, around 1.5 lakh students used to secure admissions in private schools annually under the RTE. However, after the amendment, the number of admissions has significantly dropped.
The 2018 amendment to the RTE Act in Karnataka favoured private institutions. It introduced Section 12(1)(C), which states that if government or aided schools are available nearby, students cannot seek admission in private schools under RTE. Only in the absence of such public schools can admission be sought in private institutions.
This brought some relief to schools under private associations. Several small schools mushroomed across the state. Reports suggest that some schools also collect money from parents despite receiving funds from the government.
Call for reform
“Education is a fundamental right — it is the child’s right and the government’s responsibility. But by sending children to private schools, the government is encouraging privatisation (of education). Without the full implementation of the original provisions, the benefits are not reaching the majority,” educationist VP Niranjanaradhya told The Federal.
He called for a high-level committee under education experts to ensure the enforcement of the original provisions. He also criticised the fact that many politicians run educational institutions for profit and use those gains for political purposes, creating a conflict of interest and silencing opposition to such reforms.
In 2012, the president of the Karnataka Unaided Schools Management Association (KUSMA) openly opposed the RTE Act, stating that admitting EWS students to private schools was like “polluting the sea with sewage”, reflecting a deeply prejudiced attitude.
Lack of awareness
Since the 2012 amendment, which excluded minority institutions from the ambit of RTE, admissions under RTE have decreased in the state.
Sometimes, due to concerns over inadequate infrastructure and quality in unaided (private) schools, parents are reluctant to enroll their children there and even withdraw existing RTE students. This has led to a decline in RTE admissions, according to activist Nagasimha G Rao.
A lack of awareness about online processes also often leaves poor, disabled, SC/ST, and disadvantaged communities excluded from the RTE admission process. The lottery-based selection system further creates setbacks.
Moreover, RTE students must be issued completion certificates after Grade 8, and activists are demanding the repeal of Section 12(1)(C) that necessitates this. A petition challenging the 2018 amendment is pending before the Supreme Court, Nagasimha Rao said.
Also read: Skyrocketing private school fees biting hard into wallets of TN parents
Tamil Nadu: Fee troubles
In Chennai, schools are not admitting the full quota of children from poor socio-economic backgrounds despite the government providing the funding.
The enrolment of students under RTE has varied over the past few years, with a dip in the numbers recently. A total of 70,452 enrolments took place in 2023-24, against 74,296 in 2022-23. In 2021-22, it was 82,776, and in the previous year, it was 70,379.
School education department officials say it is because of increased enrolments in government-aided schools.
This year, educationists are raising concern over a delay in the issue of notification for applying under RTE in private schools.
Process delayed
“Several schools have not issued a notification yet this year. Government-recognised private schools usually jointly release the notification for parents to apply for admission. However, for the CBSE/ICSE schools, the notification is given by each school and there is no clear data on the same," educationist Prince Gajendra Babu told The Federal.
"Some of these schools might not release the notification, denying admission to students from unprivileged backgrounds. The schools have stated that they are not receiving reimbursement from the government,” he added. Gajendra Babu further said that given the exorbitant fees charged by the CBSE/ICSE schools, the government has denied reimbursements.
Meanwhile, the Tamil Nadu government recently stated in the Madras High Court that it cannot implement the RTE Act in CBSE and ICSE schools.
Also, parents apply for seats under the RTE Act only in popular schools, while other private schools do not see much traction — a trend also visible in Delhi.
Also read: Mahua Moitra: RTE shouldn't stop at primary schools, must cover higher studies
West Bengal: Federal feud
West Bengal is among the states that have not yet implemented the reservation of seats in private unaided schools for EWS children.
However, the state government has introduced a 10 per cent reservation for EWS children in classes above 8 in private schools. Students must have a family income below Rs 8 lakh per year to qualify for this quota.
The reservation has not been implemented yet due to an ongoing tussle between some private schools and the state government over RTE reimbursement. Last August, the Centre prodded the state government to implement RTE. But so far, the state has not complied.
Row over fees
Schools claim the amount is inadequate to cover the cost of educating the students, said an official of the West Bengal Commission for Protection of Child Rights (WBCPCR), the nodal agency to monitor the implementation of the reservation.
Centralising RTE admission and introducing a Bill to regulate fees in private schools are among the measures the state government is mulling to implement the process, the WBCPCR official said, adding that these measures were discussed in the meeting held with the private schools in March this year.
The official further blamed the Centre for the non-implementation of the RTE reservation. He said the state government is unable to offer compensation to the private schools as the Centre is not releasing funds under the Samagra Shiksha Mission (SSM) to the state.
Also read: Only 57.2% schools have working computers, enrolment fell by 37L in 2023-24: Govt data
Gujarat: Lingering hesitation
Gujarat has 93,527 seats under RTE in 13 categories, of which Surat city has 15,239, the highest in the state.
Earlier, those with an annual income of up to Rs 1.5 lakh in urban areas and Rs 1.20 lakh in rural areas were eligible to get their children admitted to private schools under RTE. In March 2025, the Gujarat government increased the annual income limit to Rs 6 lakh per annum for both urban and rural areas.
The state had implemented the 25 per cent reservation in private schools under the RTE Act in 2013-14. For the coming academic year (2025-26), around 86,000 children have been admitted to private schools so far.
However, many parents claim they are still struggling to find places for their children in private schools.
“There is a lack of awareness in many schools that are not admitting up to the full quota despite the government providing the funding. Many high-profile private schools are hesitant to admit children from poor socio-economic backgrounds as they fear it will be difficult for them to adjust with the other kids,” Janisar Seikh, an RTE activist based in Anand, told The Federal.
Andhra Pradesh: Little clarity
In Andhra Pradesh, private schools appear to have left the law unimplemented, saying the government is not paying the fee reimbursement on time. Although the law came into effect in 2010, it was not implemented in Andhra until 2020.
Education department officials invited applications under the RTE across the state for the 2024-25 academic year. However, parents of students alleged that many private schools failed to register on the RTE website and their schools were not shown in the local mapping. Due to this, students lost the opportunity to apply to nearby private schools.
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In the 2022-23 academic year, 2,500 students were admitted under RTE in private schools in the state. However, there are allegations that many schools did not fully allocate these seats and refused due to delays in reimbursement. In 2023-24, the number became 19,000 and last year, 30,000 students were admitted. There are 85,000-90,000 seats EWS seats in the state.
Parents Association of Andhra Pradesh president Sikharam Narahari said: “Private schools are openly violating the Supreme Court orders. There is no clarity in the use of education department funds.”
Kerala: Smooth sail
In Kerala, the implementation of RTE reservation has not been a contentious issue, primarily because the state already has a robust network of neighbourhood schools that far exceed the stipulated norms, the office of the Education Minister said.
According to government officials, the widespread availability of schools ensures that every child has access to nearby educational institutions without discrimination.
Although there was a High Court order in 2023 concerning the RTE Act, it did not create significant challenges in Kerala.
(With inputs from Naveen Ammembala in Bengaluru, Jinka Nagaraju in Hyderabad, Samir K Purkayastha in Kolkata, Shweta Tripathi in Chennai, Damayantee Dhar in Ahmedabad, Asad Ashraf in Delhi, and Rajeev Ramachandran in Thiruvananthapuram.)
Coming soon: The way forward with RTE
