RTE pupils can't claim automatic move to new private school on closure: HC
Representative image: mozlase__ / Pixabay
Chhattisgarh High Court ruled, in a judgment reported on 12 October 2026, that RTE-quota pupils cannot claim automatic transfer to another private school when theirs closes.
What Happened
The Chhattisgarh High Court has ruled that children admitted to a private unaided school under the Right to Education (RTE) quota cannot demand an automatic transfer to another private school when their school shuts down, unless a law or rule provides for it. The judgment, in Atharv Gupta and Others v. Union of India and Others, was delivered by Justice Amitendra Kishore Prasad and reported on Monday, 12 October 2026. It arose after St. Xavier's High School closed its branch at Kota in Chhattisgarh and about 66 RTE-quota pupils asked to be moved to the school's branch at Bharni. The District Education Officer turned the request down and directed that the children be placed in nearby government schools. The court declined to interfere with that decision but told the State to give the children priority in nearby government English-medium schools.
Key Facts
- About 66 children studying under the RTE quota were affected by the closure of St. Xavier's High School's Kota branch.
- They sought a transfer to the same school's Bharni branch; the District Education Officer rejected the proposal and moved them to government schools.
- The court held that neither the RTE Act nor the Chhattisgarh RTE Rules, 2010 provide for an automatic transfer between private unaided schools.
- Undertakings by the school management and consent from parents do not create a right that can be enforced against the State without an enabling law, the court said.
- Under Article 21A of the Constitution, the State must ensure free and uninterrupted elementary education, but this does not include a right to study in a particular private school, according to the ruling.
- The court directed the State to give priority to nearby State-run English-medium schools, such as the Atmanand Excellent English Medium Schools, to ease the change.
Why It Matters
The RTE Act requires private unaided schools to reserve 25 per cent of entry-level seats for children from economically weaker sections and disadvantaged groups, with the State reimbursing fees. For many families, an RTE seat is the only route to a private, often English-medium, education. When such a school closes, parents naturally want their children to continue in a similar setting, and in this case the same management ran another branch nearby.
The ruling makes clear that, as the law stands, families cannot insist on that. The guarantee in the Constitution and the RTE Act is that a child will keep receiving free elementary education without a break, not that the child will stay in the private system. If a school closes, the State meets its duty by placing the child in a government school. A different outcome would need a specific rule allowing transfers of RTE seats between private schools, which Chhattisgarh's rules do not contain.
The direction to prioritise government English-medium schools is the court's attempt to soften the blow. Placing the children in government English-medium schools, as the court asked, could help them continue learning in a familiar medium of instruction. For parents elsewhere in India, the case is a reminder to check what happens to an RTE seat if a school closes or loses recognition, and to ask the education department early about placement options.
| Question | What the court said |
|---|---|
| Can RTE students move automatically to another private school? | No, not without an enabling law or rule |
| Does school or parent consent change this? | No enforceable right against the State |
| What must the State ensure? | Free, uninterrupted elementary education |
| What did the court direct? | Priority in nearby government English-medium schools |
Impact
Short-term: The 66 children will continue in government schools, with the State asked to prioritise English-medium institutions close to their homes.
Long-term: The ruling could guide how other closures of private schools with RTE pupils are handled in Chhattisgarh, and may prompt calls for rules that allow RTE seats to be shifted within the same management.
Who is affected: Families of children studying under the RTE quota, private unaided schools, district education officers, and State governments that frame RTE rules.
Key Takeaway
The Chhattisgarh High Court has held that RTE-quota children have a right to continued free schooling, not to a seat in a particular private school, when their school closes.
Questions and Answers
What did the Chhattisgarh High Court decide about RTE students?
It ruled that children admitted under the RTE quota cannot demand an automatic transfer to another private unaided school when their school closes, because neither the RTE Act nor Chhattisgarh's RTE Rules provide for it.
What happens to the children whose school closed?
The District Education Officer placed them in nearby government schools, and the court asked the State to give them priority in government English-medium schools such as the Atmanand Excellent English Medium Schools.
Does this mean RTE children lose their right to education?
No. The court said the State must ensure free and uninterrupted elementary education under Article 21A, but that right does not extend to studying in a specific private school.
Does the ruling apply outside Chhattisgarh?
It is binding only in Chhattisgarh, and it is based on that State's RTE rules. Courts in other States may look at it, but each State's own rules would matter.
Disclaimer: Prepared by the Peepals newsroom from publicly available sources with AI assistance. Information is accurate to the best of our knowledge at the time of publication and may change. Images may be representative. Not professional advice. Report an error via our contact page.
Sourced and fact-checked by the Peepals Global Editorial Team
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