In a victory for education rights activists, the Bombay High Court has issued a stay order in favour of the Movement for Peace and Justice (MPJ) in their Right to Education (RTE) writ petition. The petition challenged the Maharashtra government’s decision to exempt private schools located within a one-kilometre radius of government schools from the RTE’s 25% reservation requirement for underprivileged children.
The stay order effectively halts the implementation of the government’s exemption policy until the court reaches a final verdict on the matter. This comes as a significant relief to MPJ and advocates for equal access to education, who argued that the government’s policy would exacerbate existing inequalities in the education system.
The Right to Education Act, a central government legislation, mandates that private schools reserve 25% of their seats for children from economically disadvantaged backgrounds (EWS) and socially disadvantaged groups (SDG). The Maharashtra government’s exemption policy had sparked outrage among activists who argued that it diluted the act’s objective of promoting inclusive education.
“This is a landmark decision that upholds the fundamental right to education for all children,” said Muhammad Siraj MPJ’s President. “We are hopeful that the court will ultimately rule in our favour and ensure that all children, regardless of their background, have access to inclusive and quality education.”
The Maharashtra government had previously defended its decision. However, critics argued that the policy would create a two-tiered education system, with underprivileged children relegated to government schools while wealthier families have access to better-resourced private institutions.
The MPJ’s petition argued that the government’s exemption policy undermined the RTE’s goals and exacerbated social segregation in the education system. The High Court’s stay order upholds this argument, at least for the interim, and paves the way for a more equitable implementation of the RTE in Maharashtra.
The Bombay High Court’s stay order is a positive development for RTE advocates and paves the way for a more equitable education system in Maharashtra.
