Supreme Court To Hear Plea Seeking Free Pre-primary Education Under NEP 2020

Supreme Court has agreed to hear a plea seeking fair implementation of the provision of free compulsory education at pre-primary level as described under National Education Policy 2020.

NEP 2020 aims to ensure that all students, particularly students from underprivileged and disadvantaged sections, shall have universal, free and compulsory access to high-quality and equitable schooling from early childhood care and education (age 3 onwards) through higher secondary education (i.e., until Grade 12). The new education policy aims to provide to all students, irrespective of their place of residence, a quality education system, with particular focus on historically marginalized, disadvantaged, and underrepresented groups.

A CJI Surya Kant led bench on Monday agreed to examine the plea filed by one Haripriya Patel seeking a declaration that the right to education under Article 21-A includes enforceable entitlements to adequate teachers, reasonable pupil-teacher ratios, accessible infrastructure, support services for children with disabilities, and effective utilisation of education funds.

The petition also seeks constitution of an Independent National School Education Monitoring Authority or Court-monitored National Oversight Committee on School Education Reform, comprising education experts, disability rights specialists, representatives of NGERT & NGPCR, jurists and outstanding academicians.

Filed by Amrendra Kumar Mehta, the petition raises issues of nationwide constitutional failure in school education particularly those children who are from disadvantaged backgrounds as they are more dependent on government schools or government aided schools for their schooling due to their limited household income and proximity particularly in rural areas.

"Since year 2009 till current financial year, our economy has witnessed stable growth and our GDP has multiplied by four times and per capita GDP has also got huge jump in last ten years. State has enough resources to make pre-primary education as an integral part of fundamental right in compliance of NEP 2020, UN Conventions on Child Right, Sustainable Development Goal-4, Article 21 and Article 45 of the Constitution," court has been told.

The plea highlights how actual total expenditure on education by both central and state governments combined has consistently fallen short of the 6% benchmark of GDP as recommended by Kothari Commission. "This persistent underfunding presents major challenges for the education system, impacting infrastructure, teacher shortages and training gaps, and access to digital learning tools, which ultimately affects the quality of education delivered," it adds.

It thus seeks public disclosure of school-wise PTR, infrastructure status, accessibility, school wise budget allocation and fluid utilisation on official portals.

The petition also seeks to ensure universal barrier-free access in all schools to support the children with special needs enrolled in the schools, including wheelchair-friendly ramps with handrails; accessible classrooms and toilets; safe entry and exit points.

Case Title: Haripriya Patel vs. Union of India & Others

Bench: CJI Surya Kant and Justice Bagchi

Haring Date: April 13, 2026