Key Facts
The Karnataka High Court has stayed a controversial circular issued by the State government that sought to extend the Right to Education (RTE) quota benefits to Scheduled Caste (SC) and Scheduled Tribe (ST) students in classes 9 and 10. The interim order was passed by Justice Ashok S. Kinagi on a petition filed by the Associated Managements of Primary and Secondary Schools in Karnataka (KAMS) and other private school associations.
Details of the Circular
The circular, issued by the Commissioner for Public Instruction on May 21, 2026, directed all private schools in Karnataka to allow SC/ST students who completed class 8 in the academic year 2025-26 to continue their education in classes 9 and 10 under Section 12(1)(c) of the RTE Act, 2009. It also mandated reimbursement of fees collected from such students and stated that issuance of transfer certificates would not affect readmission under the RTE quota.
Petitioners' Arguments
The petitioner associations, representing over 5,000 private unaided English-medium schools, contended that the RTE Act, rooted in Article 21A of the Constitution, guarantees free and compulsory education only for children aged 6 to 14, covering elementary education from class 1 to 8, not beyond. They argued that the State government cannot extend RTE benefits beyond class 8 through a mere administrative circular without any legal provision.
The petitioners further 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. They also claimed that extending the benefit only to SC/ST students, excluding other disadvantaged groups, amounts to selective and arbitrary implementation under Article 14 of the Constitution.
Impact and Next Steps
The court’s stay provides interim relief to private schools, which were under pressure to comply with the circular even as classes for the academic year 2026-27 had already commenced. The matter will be heard further, and the stay will remain in effect until the next hearing.
What Readers Should Know
- The RTE Act currently mandates free education only up to class 8.
- The circular aimed to extend benefits to SC/ST students in higher classes but faced legal challenge.
- The High Court’s interim order halts implementation until a final decision.
FAQ
What did the Karnataka High Court stay?
The court stayed a government circular that extended RTE quota benefits to SC/ST students in classes 9 and 10.
Why did the petitioners challenge the circular?
They argued that the RTE Act only guarantees free education up to class 8, and the circular was issued without legal backing.
What is the next step?
The court will hear the case further; the interim stay remains in place until the next hearing.