State Of Rajasthan vs Managing Committee ... on 16 January, 2026

Author: Vinit Kumar Mathur

Bench: Vinit Kumar Mathur

[2026:RJ-JD:2892-DB]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                D.B. Spl. Appl. Writ No. 987/2023

1.        State Of Rajasthan, Through Principal Secretary, School
          Education, Government Of Rajasthan, Secretariat, Jaipur,
          Rajasthan-302005.
2.        Director, Elementary And Secondary Education, Near
          Lalgarh Palace, Samta Nagar, Bikaner, Rajasthan.
                                                                     ----Appellants
                                      Versus
1.        Managing Committee, Shah Goverdhan Lal Kabra Gyan
          Peeth, Paota A Road, Jodhpur Through Its Secretary
          Devyani Kabra D/o Basant Kabra, Aged About 40 Years C/
          o Shah Goverdhan Lal Kabra Public School Paota A Road,
          Jodhpur.
2.        Union Of India, Through Secretary, Ministry Of Human
          Resources Development, Shastri Bhawan, Dr. Rajendra
          Prasad Road, New Delhi.
                                                                   ----Respondents
                                Connected With
                D.B. Spl. Appl. Writ No. 1012/2023
1.        State Of Rajasthan, Through Principal Secretary, School
          Education, Government Of Rajasthan, Secretariat, Jaipur,
          Rajasthan 302005.
2.        Director, Elementary Education And Secondary Education,
          Near Lalgarh Palace, Samta Nagar, Bikaner, Rajasthan.
                                                                     ----Appellants
                                      Versus
1. Shri Mahalaxmi Shikshan Sansthan, E- Sector, Pratap Nagar,
Jodhpur, Rajasthan Through Secretary Shri Anurag Lohiya S/o
Shri Damodar Das Ji Lohiya


 2. Union Of India, Through Ministry Of Human Resources
 Development, Shastri Bhawan, Dr. Rajendra Prasad Road, New
 Delhi.

                                                                   ----Respondent




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                  D.B. Spl. Appl. Writ No. 16/2024
1.       State Of Rajasthan, Through The Principal Secretary,
         School Education, Government Of Rajasthan, Secretariat,
         Jaipur, Rajasthan.
2.       Director, Elementary Education, Near Lalgarh Palace,
         Samta Nagar, Bikaner, Rjasthan.
                                                                       ----Appellants
                                      Versus
Juniors Zone School, Through Its Principal Smt Manju Patel Wo
Shri Dharmendra Patel Aged About 42 Years Address 1415
Aanjana Patel Nagar Air Force Jodhpur Rajasthan
                                                                      ----Respondent
                  D.B. Spl. Appl. Writ No. 139/2024
1.       State Of Rajasthan, Through The Secretary, School
         Education Department, Government Of Rajasthan, Jaipur,
         Rajasthan.
2.       Director,     Elementary            Education,            Government       Of
         Rajasthan, Bikaner, Rajasthan
3.       Director, Secondary Education, Government Of Rajasthan,
         Bikaner, Rajasthan.
4.       District Education Officer, Jodhpur At Club Road, Jodhpur.
                                                                       ----Appellants
                                      Versus
Apex     Senior      Secondary        School,        Jodhpur,         Add-3/9,     Kudi
Bhagtasani Housing Board Jodhpur Rajasthan (Through The
President Of Apex Education Society Ramniwas Choudhary S/o
Pyare Lal Ji, Age 51 Add G-68, Parsvnath City, Pal Sangariya
Bye-Pass Sangariya, Jodhpur.)
                                                                      ----Respondent
                  D.B. Spl. Appl. Writ No. 140/2024
1.       State    Of   Rajasthan,         Through        Its       Secretary,    School
         Education Department, Government Of Rajasthan, Jaipur,
         Rajasthan.
2.       Director,     Elementary            Education,            Government       Of
         Rajasthan, Bikaner, Rajasthan.
3.       Director, Secondary Education, Government Of Rajasthan,
         Bikaner, Rajasthan.

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4.       District Education Officer, Jodhpur At Club Road, Jodhpur.
                                                                      ----Appellants
                                      Versus
1.       Delhi Public Upper Primary School, A-21, 1St Extension,
         Kamla Nehru Nagar, Jodhpur.
2.       Ace International School, Opposite Khaas Baag Police Line
         Jodhpur Through Bhupendra Singh So Ghanshyam Singh
         Rathore Age About 40 Years Ro Ganthiya House Rasala
         Road Prithipura Jodhpur Rajasthan (Chairperson Of The
         Gayatri Technical Education Trust)
                                                                    ----Respondents
                D.B. Spl. Appl. Writ No. 229/2024
1.       State Of Rajasthan, Through The Secretary, School
         Education Department, Government Of Rajasthan, Jaipur,
         Rajasthan.
2.       Director,     Elementary            Education,            Government     Of
         Rajasthan, Bikaner, Rajasthan.
3.       Director, Secondary Education, Government Of Rajasthan,
         Bikaner, Rajasthan.
4.       District Education Officer, Jodhpur At Club Road, Jodhpur.
                                                                      ----Appellants
                                      Versus
Mayoor Chopasani School, Add. Chopasani Campus, Jodhpur.
(Through The Member Of Administrative Wing, Authorized By
The Principal Of Mayoor Chopasani School Under The Chopasani
Shiksha Samiti (Registered Society), Mohd Farooque Khan S/o
Faizu Khan Age 52 Add 28, In Front Of Nagar Nigam Officer
Baldev Nagar, Aakhaliya Choraha, Jodhpur, Rajasthan.
                                                                     ----Respondent
                D.B. Spl. Appl. Writ No. 408/2024
1.       State Of Rajasthan, Through Principal Secretary, School
         Education, Government Of Rajasthan, Secretariat, Jaipur,
         Rajasthan 302005.
2.       Director, Elementary And Secondary Education, Near
         Lalgarh Palace, Samta Nagar, Bikaner, Rajasthan.
                                                                      ----Appellants
                                      Versus

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1.       Saint D Public Secondary School, Ali-Bhilwara Road,
         Mandal, Bhilwara-311403, Rajasthan Through Secretary
         Mr. Chandra Prakash Deedwaniya S/o Shri Ram Lal
         Didwaniya, Aged 51 Years.
2.       Vaidic Academy Secondary School, Near Panna Dhai
         Circle, Azad Nagar, Bhilwara Through Its Principal Mrs.
         Kamlesh Kumari Jangid S/o Shri Kamlesh Kumar Jangid,
         Aged 39 Years.
3.       Dhruv Education Academy, Potla, Teh                          Sahada, Dist
         Bhilwara Through Secretary Mr. Mahesh Kumar Sharma
         W/o Shri Ram Chandra Sharma, Aged 42 Years.
4.       Gurukul Shikshan Sansthan, Secondary School, Near Vat
         Vriksha,      Uncha,       Teh      Jahazpur,         Bhilwara    Through
         Secretary Mr. Yogesh Kumar Soni S/o Shri Purshottam Lal
         Soni, Aged 42 Years.
5.       Capital Public Secondary School, Bigod, Teh Mandalgarh,
         Bhilwara Through Its Secretary Mrs. Swetlana Saraswat
         W/o Shri Rajiv Saraswat, Aged 45 Years.
6.       Shree Maharshi Gautam Vidhya Mandir, Devli Road, Pur,
         Bhilwara Through Secretary Girish Kumar Vyas S/o Shri
         Suresh Chandra Vyas, Aged 42 Years.
7.       A S Steward Morris School, New Irans, Kota Road,
         Bhilwara Through Secretary Amit Tak S/o Shri Harish
         Chandra Tak, Aged 47 Years.
8.       A S Steward Morris Infants, Pathik Nagar, Bhilwara
         Through Secretary Amit Tak S/o Shri Harish Chandra Tak,
         Aged 47 Years.
9.       Ibvm      Kids    International          School,          Ramdwara   Marg,
         Bhilwara Through Its Principal Mrs. Divyam Jain W/o Shri
         Rajiv Jain, Aged 29 Years.
10.      Ibvm Kids International School, Pur, Bhilwara Through Its
         Principal Mrs. Divyam Jain W/o Shri Rajiv Jain, Aged 29
         Years.
11.      Vidya Global School, Teli Khera Tiraha, Paldi, Near Rc
         Colony,    Bhilwara       Through Its           Secretary Mrs. Geeta
         Choudhary W/o Shri Ashok Kumar Choudhary, Aged 60
         Years.
12.      M S Xavier International School, R.k. Colony Near Jain
         Mandir, Bhilwara Through Its Secretary Ms. Neetu Sharma

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         W/o Shri Manoj Sharma, Aged 47 Years.
13.      The Vedant International School, The Vedant House, Azad
         Mohalla, Behind Sham Ki Sabzi Mandi, Bhilwara Through
         Its President Mr. Ajay Kumar Bhandari S/o Shri Satish
         Chandra Bhandari, Aged 43 Years.
14.      St. A.r.b S School, Dev Narayan Circle, Patel Nagar
         Bhilwara Through Its Principal Mr. Manoj Johri S/o Shri P.
         D. Johari, Aged 55 Years.
15.      Shri Mahesh Public School, Nehru Road, Opposite Bsnl
         Office, Bhilwara Through Secretary Mr. Rajendra Kumar
         Kacholiya S/o Shri Shankar Lal, Aged 54 Years.
16.      Maheshwari Public School (Girls), Behind Ram Dham,
         Azad Nagar, Bhilwara Through Secretary Mr. Rajendra
         Kumar Kacholiya S/o Shri Shankar Lal, Aged 54 Years.
17.      The   Prince     School,       Biliya     Khurd,          Bhilwara   Through
         Secretary Rekha Jain S/o Shri Manoj Jain, Aged 48 Years.
18.      Arunodaya      Public      School,        Subhash          Nagar,    Bhilwara
         Through Secretary Mr. Puran Prakash Joshi S/o Shri Brij
         Mohan Joshi, Aged 54 Years.
19.      Aryavrat International Secondary School, F-463, New
         Bapu Nagar, Bhilwara Through Its Principal Satya Dev S/o
         Shri Gopal Lal, Aged 30 Years.
20.      Sunrise Shikshan Sansthan, Pander, Jahazpur, Bhilwara
         Through Its Secretary Mr. Ram Swaroop Gurjar S/o Shri
         Ladu Lal Gurjar, Aged 40 Years.
21.      Saraswati Vidya Niketan (Svn), Public Secondary School,
         Karera-Raipur       Road,        Borana,        Teh        Raipur,   Bhilwara
         Through Its Secretary Mr. Bhanwar Lal Kumawat S/o Shri
         Babu Lal Kumawat, Aged 39 Years.
22.      Saint D Public School, Mod Ka Nimbahera, Teh Asind,
         Bhilwara      Through        Secretary         Mr.        Chandra    Prakash
         Deedwaniya S/o Shri Ram Lal Didwaniya, Aged 51 Years.
23.      Saint D Public School, Luhariya, Teh Mandal, Bhilwara
         Through Secretary Mr. Chandra Prakash Deedwaniya S/o
         Shri Ram Lal Didwaniya, Aged 51 Years.
24.      Tilak Academy (Ups), 10 A 13, Tilak Nagar, Bhilwara
         Through Its Principal Mr. Vinod Kumar Mundra S/o Shri
         Satya Narayan Mundra, Aged 42 Years.


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25.      Genius     Public     School,        Singoli      Charbhuja,     Bhilwara
         Through Its Secretary Mr. Nirmal Kumar Mundra S/o Shri
         Debi Lal Mundra, Aged 42 Years.
26.      Lakshya Vidya Niketan School, Koshithal, Teh Sahada,
         District Bhilwara Through Secretary Mr. Rajendra Kumar
         Parashar S/o Shri Sohan Lal Parashar, Aged 40 Years.
27.      Alok     Central     School,       Shahpura,          Bhilwara   Through
         Secretary Mr. Virendra Kumar Sharma S/o Shri Devendra
         Kumar Sharma, Aged 53 Years.
28.      Alok Central Secondary School, Shahpura, Bhilwara,
         Through Secretary Ms. Usha Sharma W/o Shri Virendra
         Kumar Sharma, Aged 51 Years.
29.      Shri Nandani School Of Excellence, Sector F, Vijay Singh
         Pathik Nagar, Bhilwara, Through Secretary Mr. Suresh
         Chandra Sharma S/o Shri Banshi Lal Sharma, Aged 49
         Years.
30.      Noble International School, Kuwada Road, Bhilwara,
         Through Its Principal Mr. Sanjeev Parashar S/o Shri
         Sadashiv Parashar, Aged 48 Years.
31.      Noble Public Secondary School, Near Dussehra Ground,
         Kotri, Bhilwara Through Secretary Mr. Umesh Vaishnav S/
         o Shri Kunj Bihari Vaishnav, Aged 49 Years.
32.      Abhigyan U.p. School, Subhash Nagar, Bhilwara, Through
         Secretary Mr. Satyanarayan Bhatt S/o Shri Amba Lal
         Bhatt, Aged 50 Years.
33.      The Vedant International School, The Vedant House, Azad
         Mohalla, Behind Sham Ki Sabzi Mandi, Bhilwara Through
         Its President Mr. Ajay Kumar Bhandari S/o Shri Satish
         Chandra Bhandari, Aged 43 Years.
34.      Yash Academy U.p. School, Maruti Colony, Bhilwara,
         Through Secretary Mr. Mahaveer Varma S/o Shri Hardev
         Varma, Aged 44 Years.
35.      Gautam Public Secondary School, Malola Road, Gayatri
         Nagar, Bhilwara Through Secretary Mr. Kamal Kishore
         Vyas S/o Shri Jai Mangal Vyas, Aged 44 Years.
36.      Adarsh Vidya Bharti School, Suwana, Bhilwara Through
         Secretary Mr. Shanker Lal Kaswa S/o Shri Jawana Lal
         Kaswa, Aged 52 Years.
37.      Sai Siddharth Senior Secondary School, Mandalgarh,

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         Bhilwara Through Secretary Mr. Shiv Ghiya S/o Shri
         Kishan Gopal Ghiya, Aged 52 Years.
38.      Aditya Bal Vidya Mandir, Secondary School, E/661-662,
         Near Shiv Mandir, Vijay Singh Pathik Nagar, Bhilwara
         Through Secretary Mr. Sanjay Sharma S/o Shri Udai Ram
         Sharma, Aged 49 Years.
39.      Apex International School, Subhash Nagar, Bhilwara,
         Through Secretary Mr. Satyanarayan Bhatt S/o Shri Amba
         Lal Bhatt, Aged 50 Years.
40.      Sh Surbhi Shikshan Sansthan, English Middle School,
         Sector    A-      368-369,         Azadnagar,          Bhilwara      Through
         Secretary Mr. Kamlesh Sharma S/o Shri Brij Mohan
         Sharma, Aged 47 Years.
41.      A One Technomind School, Shahpura, Bhilwara Through
         Secretary Mr. Jagdish Singh S/o Shri Samundra Singh,
         Aged 34 Years.
42.      Sanskar School Of Excellence, Sanganer Road, Bhilwara
         Through Its Secretary Mrs. Ankita Sharma D/o Shri
         Rajendra Sharma, Aged 43 Years.
43.      Indus    Valley      International          School,        Sanganer    Road,
         Kanchan Vihar, Bhilwara Through Its Secretary Braj
         Mohan Sharma S/o Shri Gajadhar Sharma, Aged 38
         Years.
44.      As Saint Edward International School, Vakil Colony,
         Mandalgarh, Bhilwara Through Its Principal Mrs. Swetlana
         Saraswat W/o Shri Rajiv Saraswat, Aged 45 Years.
45.      Shri    Saraswati       Bal    Vidhya       Mandir,        Pansal,   Bhilwara
         Through Secretary Mr. Vikas Chandra Sharma S/o Shri
         Bhanwar Lal Sharma, Aged 38 Years.
                                                                     ----Respondents


For Appellant(s)             :     Mr. Rakesh Sharma
                                   Mr. Ayush Gehlot for
                                   Mr. Rajesh Panwar, Sr. Adv. with AAG
For Respondent(s)            :     Mr. D.D. Chitlangi, Mr. Manish Patel
                                   Ms. Laxmi Rathore



        HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA

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Judgment

16/01/2026

Learned counsel for the parties are in agreement that the

controversy involved in the present batch of Special Appeals is

squarely covered by a judgment rendered by Division Bench of

this Court in batch of Special Appeals led by D.B. Special Appeal

Writ No. 738/2023 (Rukmani Birla Modern High School vs.

State of Raajsthan & Ors.), decided on 08.01.2026 in the

following terms :-

"43. Therefore, we are of the view that the circular issued by the State subsequently allowing admission at the Pre Primary level apart from at Class-I level is the correct approach. We further notice that learned Single Judge has reduced the level of admission only to one year, i.e., PP3 level apart from Class-I. However, we are of the considered view that if the students are being admitted at PP1, PP2 and PP3 levels, the State department has to proceed for admitting 25% students at the first initial stage of school admission whether it is PP1, PP2 and PP3. Once 25% students from the marginalized and weaker sections of the society have been admitted in the schools at any of the levels and thereafter come to Class-I, the concerned respective schools need not again admit 25% students separately. However, if the percentage of children coming from marginalized and weaker sections of the society is found to be less than 25% at Class-I level, the concerned school would be bound to admit additional students from marginalized communities so that at the level of Class-I, 25% of the total strength of the class belongs to such marginalized students. It is only then the purpose of the RTE Act would be subserved.

44. We, therefore, uphold the judgment passed by the learned Single Judge to the aforesaid extent and also dispose of the PIL with the direction that the schools, which fall in Sub-clause (iii) and (iv) of Clause (n) of Section 2 of the RTE Act, shall admit children belonging to marginalized and weaker sections of the society from the neighbourhood upto 25% of the total strength of the class at Pre School stage, i.e., PP1, PP2 and PP3. If the schools only have one PP1 stage and thereafter Class-I they would provide the said reservation upto Class-I. The percentage of 25% of students from weaker sections and disadvantaged groups in the neighbourhood shall continue to be maintained at all levels. Thus, if there are 100

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students admitted in the school, 25 students would be from the weaker sections and disadvantaged groups. If the school has PP2 and PP3 classes, the same percentage would be maintained for 100 students accordingly. Similarly, if at Class-I level the total strength of the students increase to total 200, then additional 25% would be again admitted from the said group of weaker sections and disadvantaged groups from the neighbourhood. The appropriate Government shall, accordingly, issue the circulars.

45. One of the contentions raised by the learned counsel appearing for the schools is that the State Government has only recognized classes from Class-I onwards and there is no such recognition for the Pre Primary Classes. However, the argument is without force. The recognition of the school education was made for the purpose of establishment of the school and may be from the elementary level alone but it cannot be denied even at the PP1, PP2 and PP3 level. The admissions have to be regularized and cannot be un-channeled. The children from the weaker sections and disadvantaged groups ought not to be deprived of Pre Primary education. It need not be highlighted that as the country is progressing, the IQ level of children has increased and if children are deprived to learn at the Pre Primary stages, they may continue to remain behind those who are belonging to the well established higher societies. The very purpose of the RTE Act would be defeated, if students of the weaker sections and disadvantaged groups are made to be admitted only at Class-I level as they have a disadvantageous position compared to other children who have already studied in the Pre Primary Classes.