Dinesh Biwaji Ashtikar v. State of Maharashtra 2026 INSC 56 - S.12 Right To Education Act -“Neighbourhood School” Obligation To Admit

Constitution of India - Article 21A ; Right of Children to Free and Compulsory Education Act, 2009 - Section 12- The obligation of a “neighbourhood school” to admit children belonging to weaker and disadvantaged sections of our society- It is necessary and compelling to formulate subordinate legislation by issuing necessary rules and regulations, prescribing the method and manner by which children of weaker and disadvantaged sections are to be admitted in neighbourhood schools. Without such enforceable rules and regulations, the object of Article 21A and the statutory policy under Section 12(1)(c) would be a dead letter - Supreme Court direct the appropriate authorities to prepare and issue, in consultation with the NCPCR and SCPCRs, as the case may be, as well as the National and State Advisory Councils, necessary rules and regulations under Section 38 of the Act for implementing the mandate of Section 12(1)(c) of the Act. 

Constitution of India - Article 21A -The consequence of identifying the right to elementary education as a positive right is the recognition of corelative duties and identification of five duty bearers, being (i) the appropriate government, (ii) the local authority, (iii) the neighbourhood schools, (iv) the parents/guardians, and (v) the primary school teachers. (Para 6)

Constitution of India - Fraternity -A correct appreciation of fraternity must displace the traditional but mistaken view, often repeated in constitutional discourse, that it is not an enforceable value. Our constitutional jurisprudence compels us to read fraternity as a value requiring the State to structure institutions that nurture co-existence, mutual respect, and a sense of common membership. Unlike equality and liberty, which are frequently framed as individual rights-claims, fraternity is relational; it operates through institutional arrangements that enable individuals to “lose suspect identities” based on caste, class or other hierarchies and to form solidaristic bonds. (Para 8)