#Fundamental Right to Education

The Bombay High Court has ruled that under the RTE Act, mere address discrepancies or digital mapping errors cannot invalidate a child’s admission claim - proof of residence must be substantive, grounded in actual habitation and documented evidence. This sets a critical precedent for low-income families navigating bureaucratic hurdles in school admissions, reinforcing that procedural technicalities must not override the fundamental right to education.

The Bombay HC has ruled that demanding registered leave-and-license agreements for school admissions under the RTE Act violates the fundamental right to education under Article 21A. This sets a critical precedent that administrative hurdles tied to residential documentation cannot override statutory and constitutional guarantees for neighbourhood children aged 6-14, especially in tenanted housing.

The Supreme Court has ruled that neighbourhood schools under the RTE Act must admit children immediately upon state allocation, with no authority to re-verify eligibility or impose procedural delays. This upholds Section 12(1)(c) as a non-negotiable statutory right, ensuring social integration and eliminating institutional gatekeeping that undermines Article 21A.