Context
- ₹2,151.59 crore due to Tamil Nadu under the Samagra Shiksha Scheme (SSS) is pending from the Centre.
- Out of this, ~₹200 crore is meant for RTE (Right to Education) Act reimbursements to private schools.
- TN has refused to implement the National Education Policy (NEP) 2020, leading to tension with the Union government over fund disbursal.
Relevance : GS 2(Governance , Centre State Relations)
Key Observations by Madras High Court
- The Centre should consider splitting SSS funds and release the RTE component separately.
- RTE obligations are statutory, governed by the RTE Act, 2009, and not contingent on NEP compliance.
- Section 7 of the RTE Act: Both Union and State governments have concurrent responsibility for funding RTE provisions.
Judicial Constraints
- Since Tamil Nadu has already filed a suit in the Supreme Court for full fund release, the High Court refrained from giving binding directions.
- It only issued an advisory direction to the Centre to “consider” delinking and releasing the RTE-specific amount.
Directive to Tamil Nadu Government
- Non-receipt of central funds cannot be used as an excuse to avoid reimbursing private schools for RTE admissions.
- The State has an independent statutory obligation to ensure timely reimbursement to private unaided schools under the Act.
Impact on RTE Admissions
- The order came in response to a PIL urging the State to initiate RTE admissions for 2025–26 without delay.
- The court’s ruling aims to safeguard the right of children to free and compulsory education.
