Funds Payable By Centre To States Under RTE Act Need Not Be Linked To NEP Implementation : Madras High Court

The Madras High Court has delivered a significant judgment, stating that the central government's obligation to release funds to states under the Right to Education (RTE) Act, 2009, cannot be made conditional upon the state's implementation of the National Education Policy (NEP), 2020. The court clarified that the RTE Act is a parliamentary legislation that creates a statutory duty for the Centre to provide funds, and this duty is independent of any policy implementation. The NEP, being a policy document, does not have the authority to override the legal obligations established by the RTE Act. The ruling came in a case where there were concerns that the release of funds was being linked to the adoption of the NEP. This decision ensures that the financial support crucial for providing free and compulsory education to children is not hindered by policy-related disagreements between the central and state governments.