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Karnataka High Court stays order extending RTE benefits to higher classes

The court put on hold a government circular allowing eligible SC and ST students to continue in the same schools beyond the elementary level, citing concerns over the scope of the RTE Act

Express News Service

BENGALURU: The Karnataka High Court stayed a circular issued by the state government allowing students belonging to the Scheduled Caste and Schedule Tribe, who completed Class 8 during the academic year 2025-26, to continue and pursue Classes 9 and 10 standard in the same school or such other schools under Section 12(1)(c) of the Right of Children to Free and Compulsory Education Act, 2009.

Justice Ashok S Kinagi passed an interim order staying the execution and operation of the circular till the next date of hearing, to be held on July 3, after hearing the petition filed by the Associated Management of Government Recognised English Medium Schools in Karnataka, Management of Independent CBSE Schools Association, Jnanamitra Education Society, St Paul’s Education Society and Shree Revanna Siddeshwara Vidya Samsthe, questioning the circular dated May 21.

The petitioners have contended that Section 12(1)(c) neither envisages nor empowers expanding the scope of the Act to benefit students in Class 9 and 10.

Both the Act and Rules have the statutory age limit of free and compulsory education to children in the age group of 6-14 years, and hence, by way of a delegated administrative circular, cannot be beyond the purview of the Act and Rules.

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