Private schools object to extension of RTE Act up to class 10 for SC/ST students without amendment

While the Karnataka government has issued an order extending free and compulsory education to class 9 and 10 for Scheduled Caste (SC) and Scheduled Tribe (ST) students under the Right to Education (RTE) Act-2029, private schools have objected to the extension without amending the RTE Act-2009.

The schools have written a letter to the Chief Secretary to the government warning that they will launch a legal battle if they are forced to implement the order without amending the Act.

The Chief Minister announced in the State Budget that SC/ST students who have taken admission under RTE Act-2009 and studied in class 8 in 2025-26 can continue their studies in classes 9 and 10 in the same school. He allocated ₹19 crore and said the Social Welfare Department will bear the educational expenses of the students.

Accordingly, the Department of School Education and Literacy (DSEL) passed an order for the same.

Furthermore, if the SC/ST students who have taken admission under RTE and studied in class 8 have already paid the fee for class 9 in the same school, steps will be taken to refund it.

Also, if for some reason, Transfer Certificates (TC) are issued to SC/ST students even though the school currently has classes 9 and 10, the parents who have consented to the student continuing in the same school should be allowed to continue classes 9 and 10 in the same school again.

What private schools say

However, in his letter to the Chief Secretary, Shashikumar D., general secretary of Associated Managements of Primary & Secondary Schools in Karnataka (KAMS), said, “We strongly object the circular of DSEL. While the intention of ensuring continued schooling is a welcome step, the circular raises significant legal and procedural concerns.”

“This is violation of RTE statutory age limit. Section 3 of the RTE Act, 2009 limits free and compulsory education to children aged 6 to 14 years. Extending benefits to students beyond this age without legislative amendment is ultra vires the Act,” he stated.

He further said that as per the High Court’s direction, they had demanded to declare per-child expenditure annually and reimburse unaided schools based on actual expenditure of more than 50 components. However, the DSEL has ignored these directives, he said. “The Department continues to report figures that significantly understate actual costs, manipulating data to reflect only a fraction of true expenditure. The per-child expenditure exceeds five times the figures declared eight years ago. It is violation of RTE rules and judicial orders,” he alleged.

“If the government sincerely tries to allow SC/ST students to continue their studies in 9 and 10 class in the same school after passing 8 class under RTE, then take necessary steps to amend the RTE Act accordingly. If not, if provision is made under other Acts, including the Karnataka Education Act, we will also fix a separate per-child expenditure and allow SC/ST students to continue their education as per the government order,” he said.