The Prešov Regional Court, one of the courts of appeals of the Slovak Republic, affirmed a lower court’s decision that schools cannot discriminate against children based on their ethnic origin or socially disadvantaged background. The Prešov Regional Court held that the defendant school was discriminating against children of Romani ethnic origin by placing those kids in separate Romani classes. It ordered that the school rectify the situation by the beginning of the next school year.

In this decision, the Supreme Court of India upheld the constitutionality of section 12 of the Right of Children to Free and Compulsory Education Act (RTE Act), which requires all schools, both state-funded and private, to accept 25% intake of children from disadvantaged groups. However, the Court held that the RTE Act could not require private, minority schools to satisfy a 25% quota, as this would constitute a violation of the right of minority groups to establish private schools under the Indian Constitution. This case affirms that the authority of the State to fulfil its obligations under the right to education can be extended to private, non-State actors. Because the State has the authority to determine the manner in which it discharge this obligation, it can elect to impose statutory obligations on private schools so long as the requirements are in the public interest.