In a significant development amid the ongoing standoff over the National Education Policy (NEP) 2020, the Madras High Court has directed the Union Ministry of Education to consider decision to withhold Rs 2,152 crore in educational funds payable to Tamil Nadu. It further suggested separating the implementation of the Right to Education (RTE) Act from the state’s decision to adopt the National Education Policy (NEP) 2020. The directive came while the court disposed of a Public Interest Litigation (PIL) filed by V Eswaran, a Coimbatore-based activist, who sought the court’s intervention to prompt Tamil Nadu government to commence RTE admissions for the 2025–26 academic year.
A division bench comprising Justices GR Swaminathan and V Lakshminarayanan observed that the Centre’s obligations under the Right to Education Act are independent of whether or not a state has implemented the NEP 2020, as per a report on NDTV. It also emphasised that both the Centre and the states share the duty of ensuring that the provisions of the RTE Act are properly carried out.
While the judges stopped short of issuing binding orders—citing that Tamil Nadu has already approached the Supreme Court over pending Samagra Shiksha Scheme (SSS) funds—they emphasised that the Centre cannot link essential educational funds to a state’s policy stance, especially in a scheme like RTE.
Samagra Shiksha Scheme Funding & NEP
The Tamil Nadu government has accused the Centre of withholding over Rs 2,151 crore in SSS funds since 2021, attributing it to the state’s opposition to the NEP 2020. Under the SSS, the Centre provides 60% of the funding, while states contribute the remaining 40%, as per reports. The ongoing deadlock has delayed critical RTE reimbursements to private schools that admit students from economically weaker sections.
While a total fund of Rs 2,151.59 crore remains pending under SSS due to the Centre-State issue after Tamil Nadu declined to implement National Education Policy 2020, the RTE requirement for the state amounts to Rs 200 crore.
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