RTE-NEP Standoff

Context

The Madras High Court has directed the Union Ministry of Education to consider delinking ?200 crore meant for RTE reimbursements from the larger ?2,151.59 crore pending under the Samagra Shiksha Scheme for Tamil Nadu. The directive comes amid the State's refusal to implement NEP 2020 and its impact on central fund flow.

Funding RTE Obligations Must Be Delinked from NEP Compliance: Madras HC

1. Judicial Background and Directive

High Court Intervention:
- The Madras High Court disposed of a Public Interest Litigation (PIL) demanding timely commencement of RTE admissions for the 2025–26 academic year.
- Directed the Union government to “consider” releasing the RTE reimbursement component (~?200 crore) separately from the SSS allocation.
Legal Standpoint:
- The Court clarified that non-adoption of NEP 2020 cannot be a reason to withhold funds meant for statutory obligations under RTE Act, 2009.

2. Financial and Legal Dimensions

Central Funds Pending:
- ?2,151.59 crore is the amount pending from the Centre to Tamil Nadu under Samagra Shiksha Scheme.
- Out of this, ?200 crore pertains specifically to RTE reimbursements to private schools for admissions under Section 12(1)(c) of the RTE Act.
Section 7 of the RTE Act, 2009:
- Imposes concurrent responsibility on both the Centre and State to provide financial support for implementing RTE provisions.
- Hence, the funding obligation exists independent of policy convergence (e.g., NEP 2020).

3. NEP 2020 and Tamil Nadu’s Opposition

Tamil Nadu’s Position:
- Tamil Nadu has formally rejected the NEP 2020, arguing that it undermines the federal spirit and promotes imposition of Hindi.
- Filed a civil suit in the Supreme Court for release of pending SSS funds.
Centre’s Stand:
- SSS funds are being withheld partially, allegedly due to non-compliance with NEP provisions.

4. Statutory Duties of State Governments

High Court Observation:
- The Tamil Nadu government cannot cite “non-receipt of funds” as an excuse to avoid its independent statutory responsibility under RTE.
- Directed to immediately commence RTE admissions and ensure timely reimbursement to private unaided schools.
Precedents Cited:
- Court referenced existing judicial precedents that reinforce State obligation to reimburse private schools under Section 12(1)(c).

Way Forward:

Separate Fund Allocation for RTE: Union Ministry of Education should establish a dedicated and protected mechanism for RTE reimbursements.
Reinforcing Cooperative Federalism: Dialogue-based resolution rather than financial coercion should guide Centre-State education funding relations.
Early Judicial Resolution: Supreme Court must expedite hearing on Tamil Nadu’s civil suit to avoid prolonged uncertainty in education service delivery.
Strengthening Monitoring Mechanisms: Independent audits and disaggregated fund flow tracking under Samagra Shiksha to ensure RTE mandates are not compromised.

Samagra Shiksha Scheme (SSS)

Launched in 2018, the Samagra Shiksha Scheme is an integrated scheme for school education, unifying SSA, RMSA, and Teacher Education to cover all stages from pre-primary to Class 12.
It aims to ensure equity and inclusive quality education, in line with Sustainable Development Goal (SDG)-4 on Education.
The scheme promotes ICT integration, digital classrooms, DIKSHA portal, and foundational literacy and numeracy (FLN) initiatives such as NIPUN Bharat.
Financial sharing pattern: 60:40 between Centre and most States; 90:10 for NE and Himalayan States and UTs with legislature.
It provides support for infrastructure development, teacher recruitment and training, gender-sensitive education, and education for CWSN (Children with Special Needs).
The 2023-24 budgetary allocation for Samagra Shiksha was over ?37,000 crore, reflecting its central role in school education reform.

Right of Children to Free and Compulsory Education (RTE) Act, 2009

Enacted under Article 21A of the Constitution, it mandates free and compulsory education for children aged 6 to 14 years as a fundamental right.
Section 12(1)(c) requires private unaided schools to reserve 25% of seats at the entry level for economically weaker sections (EWS) and disadvantaged groups, with reimbursement from State governments.
The Act mandates the establishment of neighbourhood schools, pupil-teacher ratio, no detention policy, and school development plans.
Section 7 outlines that the financial burden is to be shared between Centre and States in an appropriate ratio, reinforcing concurrent responsibility.
RTE prohibits capitation fees, screening procedures, and corporal punishment, ensuring child-friendly schooling.
The RTE Act remains one of the most significant legislations towards achieving universal elementary education in India.

National Education Policy (NEP) 2020

Approved in July 2020, NEP 2020 is a comprehensive policy framework aimed at overhauling India’s education system from preschool to higher education.
Replaces the 10+2 structure with a 5+3+3+4 curricular structure, corresponding to foundational, preparatory, middle, and secondary stages.
Emphasizes mother tongue/regional language as medium of instruction till Grade 5 and promotes multilingualism.
Focuses on early childhood care and education (ECCE), vocational education, experiential learning, and integration of technology (e.g., National Digital Education Architecture - NDEAR).
Advocates for light but tight regulation, a National Assessment Centre (PARAKH), and autonomy to higher education institutions.
Although a non-binding policy, its implementation depends on State governments’ adoption, making federal cooperation vital.