Mumbai, July 19, 2024: In a major setback for the Maharashtra government, the Bombay High Court has quashed its amendment to the state’s Right to Education (RTE) Rules, which had exempted private schools located within a one-kilometre radius of a government or aided school from the obligation to admit children under the RTE quota.
The Maharashtra government had issued a notification in February this year exempting private schools from the 25% reservation requirement for underprivileged children. The Movement for Peace and Justice for Welfare (MPJ) had challenged this 9th February exemption policy of the Maharashtra government in court, arguing that it would exacerbate educational inequality and violate the principles of inclusive education and the RTE Act.
A division bench comprising Chief Justice Devendra Upadhyay and Justice Amit Borkar ruled that the Maharashtra government’s decision to exempt private schools from providing 25% quota for underprivileged children in Class 1 or pre-school was unconstitutional and violated Article 21A of the Constitution and Section 12(1)(C) of the Right to Children to Free and Compulsory Education Act, 2009.
It is noteworthy that Section 12(1)(C) of the RTE Act, 2009, mandates private unaided schools to provide free and compulsory education to children from disadvantaged and weaker sections, reserving at least 25% of the total seats in Class 1 or pre-school for their admission.
In a significant victory for the Movement for Peace and Justice for Welfare (MPJ) in its fight to ensure free education for underprivileged children under the Right to Education (RTE), the Bombay High Court, on May 6, 2024, had granted an interim stay on the Maharashtra government’s amendment to the RTE rules, while hearing the petition filed by MPJ.
Following the interim stay, several private schools had intervened in MPJ’s petition, pleading with the court that they had already admitted children after the Maharashtra government’s controversial amendment, and therefore could not fulfil the 25% reservation requirement. In its judgment, the court directed that the admission of students already admitted to these reserved seats under the non-reserved category should not be disturbed. However, it also directed non-government schools to create an additional 25% seats to ensure that underprivileged children do not miss out on their constitutional right to education.