DINESH BIWAJI ASHTIKAR versus STATE OF MAHARASHTRA & ORS.

Citation: [2026] 2 S.C.R. 168 · Decided: 13-01-2026 · Supreme Court of India · Bench: PAMIDIGHANTAM SRI NARASIMHA

Judgment (excerpt)

[2026] 2 S.C.R. 168 : 2026 INSC 56
Dinesh Biwaji Ashtikar  
v. 
State of Maharashtra & Ors. 
(Special Leave Petition (Civil) No. 10105 of 2017)
13 January 2026
[Pamidighantam Sri Narasimha and  
Atul S. Chandurkar, JJ.]
Issue for Consideration
Effective implementation of the mandate of s.12, Right of Children 
to Free and Compulsory Education Act, 2009 ensuring admission of 
at least twenty-five percent of class strength in unaided schools with 
children of weaker and disadvantaged groups for free education.
Headnotes†
Constitution of India – Article 21A – Right to Education – 
Right of Children to Free and Compulsory Education Act, 
2009 – s.12– Directions by Supreme Court for effective 
implementation of s.12 and its mandate – Inaccessibility of 
twenty-five percent of class strength in a neighbourhood 
school to children belonging to weaker and disadvantaged 
groups u/s.12 for multifarious reasons viz. online application 
process, language barrier and lack of help desks to assist the 
parents/guardians, lack of information about the availability 
of seats, absence of transparency in the admission process – 
Suggestions made by the amicus curiae and the Ld. Additional 
Solicitor General highlighting the concerns and identifying 
areas requiring improvement viz. implementation of s.12 by 
the States/UTs and providing online portal for admission; 
language; information and assistance; transparency; 
establishment of help-desks and pro-active assistance during 
the application stage etc. – National and State Commissions 
for Protection of Child Rights (NCPCR) assigned with the 
task of reviewing, monitoring and redressing the grievances 
arising under the Act, issued Standard Operating Procedure 
(SOP) for implementation of s.12(1)(c), structured in three 
stages, (i) the preparatory stage, (ii) processing applications, 
[2026] 2 S.C.R. 
169
Dinesh Biwaji Ashtikar v. State of Maharashtra & Ors.
selection and admission and (iii) procedure after completion 
of admission:
Held: The obligation of a “neighbourhood school” to admit 
children belonging to weaker and disadvantaged sections of the 
society, to the extent of twenty five percent of the class strength, 
u/s.12 has the extraordinary capacity to transform the social 
structure of the society – Ensuring admission of such students 
must be a national mission and an obligation of the appropriate 
government and the local authority – To ensure a smooth and 
transparent admission process and in order to enable eligible 
children to access the right of admission u/s.12(1)(c), the steps 
to be taken as regards the Preparatory Stage (Finalization of 
seats, Advertisement, Schedule of admission, Centralized online 
system, Criteria, Documents, Information about the school, Dispute 
settlement); Processing Applications, Selection and Admission 
(Help-desks; Selection criteria; Scrutiny of applications, Window 
for correction of defects, Dispute resolution); After Completion of 
Admission Process (Speaking order, Admission process, Initiation 
of inquiry, Post-admission, Reimbursement, Finality of selection), 
enumerated – Appropriate authorities to prepare and issue, in 
consultation with the NCPCR and SCPCRs, as the case may be, as 
well as the National and State Advisory Councils, necessary rules 
and regulations u/s.38 of the Act for implementing the mandate 
of s.12(1)(c) of the Act – NCPCR, New Delhi to be impleaded 
as a party respondent – The copy of the order be sent to the 
Commission for compliance and monitoring  – Commission to 
collate information about the issuance of rules and regulations by 
the appropriate Governments of the States and Union Territories 
and file an affidavit before this Court by 31st of March, 2026 – 
Commission for Protection of Child Rights Act, 2005 – ss.3, 17. 
[Paras 1, 6.3]
Constitution of India – Article 21A – Right to Education – 
Right of Children to Free and Compulsory Education Act, 
2009 – s.12 – Extent of school’s responsibility for free and 
compulsory education – ‘neighbourhood school’ denied 
admission to petitioner’s children for free and compulsory 
elementary education in 2016 – Petitioner filing writ petition, 
High Court turned back the petitioner on the ground that he 
170
[2026] 2 S.C.R.
Supreme Court Reports
had failed to take up appropriate steps to admit his kids in the 
free education quota – SLP thereagainst pending in Supreme 
Court for a long time:
Held: Unfortunately, the matter has become infructuous – Howe

Excerpt shown. Read the full judgment & AI analysis in Lexace.