State as Parens Patriae Must Not Abandon Orphans: Supreme Court Directs Mandatory RTE Admission for Orphan Children

“Right to Education Is a Fundamental Right — Orphans Cannot Be Left Behind Merely for Being Parentless”, In a landmark order delivered by Supreme Court of India, through a Bench comprising Justice B.V. Nagarathna and Justice K.V. Viswanathan, addressed the systemic neglect of orphaned children in access to education and state welfare. In Writ Petition Court held that orphan children, who lack family support or societal linkages, must be recognised as a “disadvantaged group” under Section 12(1)(c) of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act).

Emphasising the constitutional duty of the State, the Court declared: “In the absence of parents, it becomes the duty of the State to act as parens patriae to ensure that orphan children are not denied the right to free education under the provisions of the Act.”

The petitioner, Ms. Poulomi Pavini Shukla, an advocate, appeared in-person and invoked Article 32 of the Constitution in a Public Interest Litigation seeking recognition and enforcement of the rights of orphan children and those in need of care and protection.

She submitted that despite various schemes under central and state governments, the existing mechanisms were inadequate, fragmented, and non-uniform. The petition sought wide-ranging reliefs, from educational and job reservations to centralised policy formulation, budgetary enhancement, and the creation of a national framework for orphan welfare.

One of the primary grievances raised was that orphan children were often excluded from the 25% reservation quota in private unaided schools under Section 12(1)(c) of the RTE Act, which is meant for “children belonging to disadvantaged groups.”

The petitioner argued that the definition of “disadvantaged group” under Section 2(1)(d) includes the phrase “or such other group having disadvantage owing to social, cultural, economical, geographical, linguistic, gender or such other factor,” which must necessarily encompass orphans, who are among the most vulnerable.

Recognition of Orphans under RTE as a “Disadvantaged Group”

The Court unequivocally accepted the petitioner's contention that orphans fall within the ambit of “disadvantaged groups” under the RTE Act.

“Orphan children who lack parental care and are without protective institutional support cannot be denied their right to elementary education. Such deprivation violates not only the RTE Act but also the constitutional guarantee under Article 21A,” the Court observed.

Referring to Section 3 of the RTE Act, which mandates free and compulsory education to children aged 6–14 years, the Court stressed that in the absence of parents, “the State must fulfil this obligation by assuming the role of parens patriae.”

Directions Issued to Union and State Governments

In a robust response to the failure of some States to recognise orphans for RTE admissions, the Court issued the following directions:

• All States and Union Territories are to survey orphan children who have been admitted under Section 12(1)(c) as well as those excluded, and submit affidavits explaining the reasons for exclusion within four weeks.

• States that have not yet issued notifications recognising orphans under the 25% quota must either issue the same or explain their inaction through an affidavit.

• The Court acknowledged and appreciated the progressive steps already taken by Delhi, Gujarat, Odisha, Sikkim, Jharkhand, Arunachal Pradesh, Meghalaya, and Manipur, which have issued such notifications.

“We expect that such a notification would be issued by the other States also, failing which an affidavit as to why such notification has not been issued shall be filed by the Secretary, Department of Education,” the Court mandated.

Broader Reliefs Sought by the Petitioner and Court’s Observations

Though the Court confined the current order to the issue of orphans’ right to education under the RTE Act, it took note of the extensive 19-point reliefs sought by the petitioner, including:

• Reservation for orphans in government jobs and higher education

• Access to scholarships, coaching, loans, hostels, and fellowships

• Policy changes regarding assignment of caste, religion, and identity to orphans

• Census/survey of orphans and enhanced budget allocation

• Amendments to the JJ Act and repeal of outdated laws

• Creation of orphanages in every district and structured participation of civil society

While not adjudicating on all these prayers at this stage, the Bench acknowledged that the concerns raised require "coordinated national attention and policy-level intervention."

Quote from the Bench on the Role of the State:

“It becomes the duty of the State to act as parens patriae to ensure that orphan children are not denied the Right to Free Education under the provisions of this Act.”

Next Steps:

The matter has been listed for further hearing and compliance on 9 September 2025. The Court expects full data and compliance from all States/UTs regarding the inclusion of orphans in the 25% RTE quota and explanations from those who have failed to issue the required notifications.

This ruling marks a pivotal moment in the legal recognition of orphan children as a constitutionally protected and socio-economically vulnerable class. The Supreme Court’s insistence on State accountability under the parens patriae doctrine reinforces the constitutional morality of inclusion and protection.

By mandating that orphans be included under the 25% RTE reservation quota, the Court has taken a concrete step toward ensuring that “parentlessness does not translate into rightlessness.”

Date of Decision: 6 August 2025