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2mo ago

Supreme Court Mandates Orphan Surveys and School Quotas

The court has given states four weeks to extend the RTE Act’s 25% EWS quota to orphans and asked the Centre to count them in the 2027 census to bridge data and policy gaps.

The Supreme Court observed that for orphaned children, the State must act in parens patriae -- as the legal guardian -- and that their foremost right is access to education.
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Overview

  • A bench of Justices B V Nagarathna and K V Viswanathan instructed all states and union territories to survey children orphaned and denied school admission under the 2009 RTE Act.
  • States must issue official notifications within four weeks to include orphaned children under Section 12(1)(c)’s 25% quota for economically weaker sections in private schools.
  • Pending completion of surveys, authorities are directed to admit eligible orphaned children in nearby schools without delay.
  • The Supreme Court urged the Centre to add a dedicated orphan category in the 2027 national census to establish an official count and inform targeted welfare measures.
  • Compliance affidavits are due before the court’s next hearing on September 9, and education secretaries risk personal accountability for any missed deadlines.