In Poulomi Pavini Shukla v. Union of India & Others, the Supreme Court on August 6, 2025, ruled that the term “child” under the Right to Education Act, 2009 includes “orphan children.” The Court directed all States and Union Territories to ensure that orphan children are granted admission under the 25% reservation quota mandated by Section 12(c) of the Act.
A Bench comprising Justice B.V. Nagarathna and Justice K.V. Viswanathan noted that although orphans are legally covered under the Act, many states had failed to issue formal notifications, resulting in their exclusion from benefits. The Court ordered a four-week survey across all States and UTs to determine whether orphan children have been granted admission under the quota and mandated submission of affidavits with findings.
The Court also acknowledged positive steps already taken by States such as Delhi, Gujarat, and Meghalaya, where orphans have been formally included.
Why It Matters
This ruling may extend access to quality private education for thousands of orphaned children across India. The Court further directed that data related to orphans be included in the 2027 Census, enabling better implementation of educational and welfare schemes.
Consult a lawyer if you or someone you know has been denied admission under the RTE quota due to orphan status.
