Legal Analysis: Lucknow Public School, Eldico and Anr. vs. State of UP & Ors

Citation: 2026 INSC 422
Court: Supreme Court of India
Bench: Justice Pamidighantam Sri Narasimha and Justice Alok Aradhe (Division Bench)
Judgment Author: Per curiam (unsigned order, but from the bench)
Date of Decision: April 28, 2026
Nature of Judgment: Special Leave Petition (Civil) under Article 136 of the Constitution of India against High Court order directing admission of a student under the Right to Education Act, 2009.

Synopsis of the Judgment

A student was selected for admission into a neighbourhood school under the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) and the U.P. RTE Rules, 2011. The school refused admission, citing uncertainty about the student’s eligibility. The High Court directed the school to admit the student, holding that once the government completes the admission process and forwards the list, the school has no option but to grant admission. The Supreme Court dismissed the school’s appeal, reaffirming that schools cannot sit in appeal over the government’s decision. The Court reiterated the constitutional and statutory obligation of neighbourhood schools to admit children from weaker sections and disadvantaged groups to at least 25% of class strength, and identified five duty-bearers under the RTE framework.

1. Basic Information of the Judgment

Field Details Case Title Lucknow Public School, Eldico and Anr. vs. The State of Uttar Pradesh & Ors.Special Leave Petition (C) No. Diary No. 60657 of 2024 Bench Justice Pamidighantam Sri Narasimha and Justice Alok Aradhe Date of Decision April 28, 2026 Citation 2026 INSC 422 Appeal From Judgment and order of the High Court of Judicature at Allahabad (as inferred) in Writ-C No. 6121 of 2024

2. Legal Framework

Laws and Provisions Involved:

• Constitution of India, 1950: Article 21A (right to free and compulsory education to children aged 6-14 years), Article 51A(k) (duty of parent to provide opportunities for education).

• Right of Children to Free and Compulsory Education Act, 2009 (RTE Act): Section 3 (right to free and compulsory education), Section 6 (duty to establish neighbourhood schools), Section 7 (financial responsibilities), Section 8 (duties of appropriate government), Section 9 (duties of local authority), Section 12

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