Madras High Court Rules RTE Funds Should Not Depend on NEP Implementation

Court's Decision on Education Funding

The Madras High Court stated on Tuesday that the funds allocated by the Union government to state governments under the Right to Education (RTE) Act should not be contingent upon the execution of the National Education Policy (NEP). This ruling was reported by a legal news outlet.

A panel comprising Justices GR Swaminathan and V Lakshminarayanan urged the central government to disburse the RTE funds to Tamil Nadu.

According to the bench, while the Samagra Shiksha Scheme aligns with NEP 2020, the obligations under the RTE stand independently.

The Samagra Shiksha scheme, initiated in 2018, is designed to support elementary and secondary education through federal assistance.

In April, the Union Education Ministry informed the Rajya Sabha that Tamil Nadu, Kerala, and West Bengal had not received any funds from the central education scheme for the fiscal year 2024-2025.

Data presented in the Upper House by the Minister of State for Education, Jayant Choudhary, indicated that although Kerala was allocated Rs 328.90 crore, Tamil Nadu Rs 2,151.60 crore, and West Bengal Rs 1,745.80 crore, none of these states had received the funds as of March 27.

The suspension of funding to these states occurred amid their refusal to comply with the PM Schools for Rising India (PM SHRI) scheme.

This centrally-sponsored initiative aims to enhance the infrastructure of schools managed by various governmental bodies. However, to benefit from this scheme, state governments must first enter into a memorandum of understanding with the Centre to implement the 2020 National Education Policy.

Tamil Nadu has consistently opposed the three-language formula proposed in the NEP, asserting its commitment to its long-standing two-language policy of teaching Tamil and English.

Of the total funds owed to Tamil Nadu, the RTE component is reported to be Rs 200 crore.

The High Court emphasized that both the Union and state governments share the responsibility of funding the RTE provisions as outlined in section 7 of the RTE Act.

Thus, the bench concluded that the funds owed to state governments for fulfilling RTE obligations should not be tied to the NEP 2020.

Additionally, the court acknowledged that the Tamil Nadu government has approached the Supreme Court regarding the Centre's withholding of funds under the Samagra Shiksha scheme.

While the bench expressed its inability to issue a binding directive, it encouraged the Union government to consider separating the RTE funds from the Samagra Shiksha Scheme.

This ruling came as the court addressed a public interest litigation petition urging the Tamil Nadu government to initiate admissions under the RTE Act for the 2025-2026 academic year.