Supreme Court brings orphans under RTE quota, asks government to count them in next census

The court also urged the government to include a separate column for orphaned children in the upcoming national census scheduled for 2027.

The Supreme Court on Wednesday held that orphaned children must be considered part of “disadvantaged groups” under the Right to Education (RTE) Act, 2009, making them eligible for admission under the 25% quota in all aided, unaided and special category schools. The top court also urged the Union government to count orphaned children in the upcoming 2027 census by including a separate category for them.

The Supreme Court observed that for orphaned children, the State must act in parens patriae -- as the legal guardian -- and that their foremost right is access to education. (File/HT PHOTO)

A bench of Justices BV Nagarathna and KV Viswanathan directed all states and Union territories to issue notifications within four weeks clarifying that the term “child belonging to disadvantaged groups”, as defined in Section 2(d) of the Act, also includes orphaned children.

“The term ‘such other group having disadvantage owing to social, cultural, economical, geographical, linguistic, gender or such other factor,’ in Section 2(1)(d) must include orphan children, as they are socially and economically disadvantaged,” held the court, noting that orphans, whether in orphanages or protected institutions, deserve to be covered under this constitutional mandate.

The court observed that for orphaned children, the State must act in parens patriae -- as the legal guardian -- and that their foremost right is access to education.

“Sections 3 and 12 of the RTE Act mandate free and compulsory education. The right of orphans to be admitted to schools under the 25 per cent quota must be enforced,” the bench said.

The court directed all states and UTs to conduct surveys of orphan children admitted under the RTE Act and explain reasons where such admissions have not taken place.

Pending such an exercise, the bench said orphans should be admitted in neighbourhood schools without delay. States were warned that if notifications are not issued within four weeks, education secretaries concerned will have to submit personal affidavits explaining the delay.

The bench took note that Delhi, Gujarat, Madhya Pradesh, Odisha, Sikkim, Manipur and Gujarat have already issued such notifications in the past. It urged other states to follow suit through simple administrative orders.

The court also urged the government to include a separate column for orphaned children in the upcoming national census scheduled for 2027.