Child rights panel NCPCR faces SC heat over 25% EWS school quota

New Delhi: The Supreme Court on Tuesday criticised the National Commission for Protection of Child Rights (NCPCR) for lax enforcement of the Right to Education Act, which requires private unaided schools to reserve 25% of their entry-level seats for children from economically weaker sections (EWS).

A bench of justices PS Narasimha and Alok Aradhe termed the NCPCR's affidavit "unsatisfactory" and directed its chairperson and director to remain physically present at the next hearing.

The bench was hearing a matter concerning effective implementation of section 12(1)(c) of the Right of Children to Free and Compulsory Education Act, 2009, which requires private unaided schools to reserve 25% of their entry-level seats for children from economically weaker and disadvantaged sections and provide them free education.


It questioned NCPCR's approach despite the significant role assigned to it in ensuring implementation of the statutory provision. "Who heads NCPCR? We will ask them to be present," the bench said.

Justice Narasimha told the counsel appearing for NCPCR that the commission had a "very big role to play" in implementing the reservation. "You have seen our judgment, right? It's a statutory authority; whoever heads NCPCR (needs to) get sensitised to how much hope and trust has been placed on the shoulders of NCPCR," the bench said.

The judges said the commission is a regulatory body under the Right to Education Act and is required to ensure that the purpose and objective of section 12 were translated into reality. "How can they act so indifferent?" the bench said.

It emphasised that the requirement concerning neighbourhood schools was central to the statutory scheme and could not be reduced to the collection or collation of information. "This is not contempt. It's not a question of collating; they will have to address the purpose of section 12 and see that every neighbourhood school implements the concept," the bench said. SC had issued directions in January for effective implementation of the 25% quota.