A division bench of Chief Justice V M Sahai and Justice R P Dholaria passed the order in response to a public interest litigation, and gave the education department time till the December 3 to submit the reply.
The court also asked the state government to give details of the reimbursement paid to the private schools for granting admission to underprivillaged children.
The government will also have to state if it has issued any circular for implementation of RTE, and if not, the reasons.