Interim order halts Karnataka government's move to extend free education benefits beyond Class 8 in private schools
The Karnataka High Court has temporarily stayed the state government's decision to extend Right to Education (RTE) benefits to Scheduled Caste (SC) and Scheduled Tribe (ST) students studying in private schools beyond Class 8. The order came after private school managements challenged the government's May 21, 2026 circular, raising legal questions over the scope of the RTE Act and its applicability to Classes 9 and 10.
Bengaluru: In a significant development affecting students admitted under the Right to Education (RTE) framework, the Karnataka High Court has granted an interim stay on the state government's circular that extended free education benefits to Scheduled Caste (SC) and Scheduled Tribe (ST) students in private schools up to Class 10.
The order comes as a setback to the state government's initiative aimed at continuing educational support for SC and ST students beyond Class 8. The circular, issued by the School Education Department on May 21, 2026, had proposed extending free education benefits to Classes 9 and 10 for eligible students already studying under RTE quotas.
High Court Intervenes in RTE Extension Policy
The interim stay was issued by a bench headed by Justice Ashok S. Kinagi while hearing a petition filed by the Karnataka Association of Managements of Schools (KAMS), representing private school managements across the state.
KAMS challenged the government's decision, arguing that the RTE Act guarantees free and compulsory education only for children between the ages of 6 and 14, which generally covers education up to Class 8. The association contended that extending benefits exclusively to SC and ST students in Classes 9 and 10 was beyond the scope of the existing law.
"The extension of RTE benefits beyond Class 8 and only for specific categories raises legal concerns regarding the provisions of the Act and equality principles," the petition argued.
After considering the submissions, the High Court granted interim relief and stayed the implementation of the government circular until further proceedings.
Government Circular Aimed to Extend Free Education
The School Education Department had announced the policy extension to ensure continuity in education for SC and ST students admitted under the RTE quota in private schools.
Under the proposal, students who completed Class 8 under the RTE scheme would have been allowed to continue receiving free education in the same institutions through Classes 9 and 10. The government intended to reimburse the associated educational expenses to private schools, similar to the existing mechanism followed for Classes 1 to 8.
Private Schools Challenge Legal Validity
Private school managements argued before the court that the RTE Act does not mandate free education beyond Class 8. They also questioned the legality of extending the benefit only to SC and ST students, claiming that such a move could violate principles of equal treatment under law.
The petition sought immediate judicial intervention to prevent implementation of the circular, a request that was accepted through the interim stay order.
"The present framework of the RTE Act applies to children within a defined age group, and any extension requires appropriate legal backing," the petitioners maintained.
Setback for Students Awaiting Continued RTE Benefits
The court's interim order has created uncertainty for SC and ST students who were expected to benefit from the extended scheme in Classes 9 and 10. While existing RTE provisions up to Class 8 remain unaffected, the continuation of benefits beyond that stage will now depend on the outcome of the legal proceedings.
The matter is expected to come up for further hearing before the Karnataka High Court in the coming weeks.
