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The Supreme Court of India, on Monday, September 1, issued a notice to the Union government, seeking its response to an appeal by the Tamil Nadu government against a Madras High Court ruling on the disbursal of funds under the Samagra Shiksha Abhiyan (SSA). In its June 10 order, the Madras High Court held that Tamil Nadu must continue admitting students under the Right to Education (RTE) Act despite delays in central funding. The court directed the state to cover the costs of implementing the 25% reservation for children from disadvantaged groups in private schools.
According to a report by The Hindu, appearing for Tamil Nadu, senior advocate P Wilson argued that both the Union and state governments share responsibility for implementing the RTE Act. He contended that the High Court erred by shifting the entire financial burden onto the state.
Section 12(1)(c) of the RTE Act requires private schools to reserve at least 25% of seats at the entry level (Class 1 or Kindergarten) for children from economically and socially weaker sections. The Act also mandates that governments reimburse schools for the cost of these admissions.
However, the Union government withheld SSA funds, including reimbursements under the RTE, citing Tamil Nadu’s refusal to implement the National Education Policy (NEP) 2020. Tamil Nadu has opposed the NEP, particularly the three-language formula, which the state views as an imposition of Hindi.
Wilson told the court that the Centre’s decision to link the release of over Rs 2,000 crore in education funds to the NEP was arbitrary. He pointed out that Rs 342.69 crore, representing the Union government’s 60% share of the RTE reimbursement, remains unpaid, leaving Tamil Nadu to shoulder the entire burden.
The Supreme Court has given the Union government four weeks to respond to the state’s plea.