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Madras High Court Orders Centre to Unlink RTE Funds From NEP Compliance

It also compels Tamil Nadu to reimburse private unaided schools under the Right to Education Act.

Overview

  • A division bench of Justices G R Swaminathan and V Lakshmi directed the Centre to stop tying RTE reimbursements to NEP adoption and to consider releasing the RTE component of the Samagra Shiksha Scheme separately
  • The court highlighted that Tamil Nadu had fronted about ₹188 crore for 2023–24 RTE reimbursements without receiving its central share
  • Justices noted that Section 7 of the RTE Act imposes concurrent funding duties on both the Centre and states and ruled that grants must not be withheld over policy disagreements
  • The bench ordered Tamil Nadu to proceed with reimbursements to private unaided schools under Section 12(1)(c) of the RTE Act despite delays in central disbursements
  • Tamil Nadu’s Supreme Court petition is pending while state officials continue to await the Centre’s ₹2,151.59 crore allocation for the 2024–25 Samagra Shiksha Scheme