Karnataka High Court Stays RTE Extension for Classes 9 and 10

In Bengaluru, the Karnataka High Court has granted an interim stay on the execution of a state education department circular that extended the benefits of the Right to Education (RTE) Act to classes 9 and 10 for students belonging to the Scheduled Caste (SC) and Scheduled Tribe (ST) categories.

Justice Ashok S Kinagi passed the order on Friday after hearing a petition filed by the Associated Managements of Primary and Secondary Schools Karnataka and others. Observing that the matter required consideration, the judge issued a notice to the state government and fixed July 3 as the next date of hearing.

The state government had issued the circular on May 21. It directed all schools across Karnataka to allow children belonging to 'disadvantaged groups' under the SC/ST category, who completed the eighth class in the 2025-26 academic year, to continue their education in the same institution under the RTE Act.

According to the circular, any fees received by schools from SC/ST students for continuing their studies in classes 9 and 10 would be reimbursed by the government. The directive also stated that the issuance of a transfer certificate to a child who completed the eighth class in 2025-26 would not prevent them from seeking readmission in the same school.

The petitioners challenged this directive in court, arguing that the circular is not only in contravention of the Right of Children to Free & Compulsory Education Act but is also entirely without the authority of law.

They argued that the constitutional mandate for free and compulsory education is strictly for children between the ages of 6 and 14 years, and this mandate cannot be expanded to include students in classes 9 and 10. The petitioners further asserted that there was a non-application of mind on the part of the authorities in issuing the circular, which led them to seek the intervention of the High Court.