The Movement for Peace and Justice (MPJ), a leading advocate for social reform in Maharashtra, has initiated legal action by filing a writ petition in the Bombay High Court contesting the recent amendment to the Right to Education (RTE) regulations within the state.
The amendment, known as the “Maharashtra Right of Children to Free and Compulsory Education (Amendment) Rules, 2024”, introduces a provision exempting private schools situated within a 1km radius of government or aided schools from allocating 25% of their seats to underprivileged and weaker section children under the RTE quota.
MPJ vehemently opposes this amendment, asserting that it undermines the fundamental tenets of the RTE Act and exacerbates existing educational disparities. Muhammad Siraj, State President of MPJ, stated, “The RTE Act stands as a pivotal piece of social justice legislation. The exemption of private schools from the mandated 25% reservation undermines this fundamental principle, perpetuating a segregated educational system that obstructs inclusivity.”
Siraj further emphasised that the amendment imposes arbitrary geographical constraints, depriving disadvantaged children of access to potentially superior educational opportunities, regardless of their specific needs. Moreover, this measure widens the educational chasm between privileged and underprivileged communities by impeding access to higher-quality private schools.
Shabbir Deshmukh, the MPJ’s spokesperson and one of the petitioners said that the exemption of private schools is likely to discourage their participation in the program, thereby diminishing the overall number of available seats for disadvantaged and weaker section children. Furthermore, this amendment establishes a troubling precedent by potentially superseding central legislation such as the RTE Act.
In response to the gazette notification, MPJ organized protests across the state, urging the withdrawal of the contentious amendment. Regrettably, the state government unheeded these appeals from civil society and proceeded with the process of soliciting online applications from parents for RTE 25% admissions for the academic year 2024-2025. The deadline for submission of online applications by parents is April 30, 2024, he added.
Deshmukh said that consequently, the sole recourse remaining was to challenge the amendment in the high court. The Bombay High Court has admitted the writ petition filed by MPJ, with a hearing scheduled for April 29, 2024. Siraj expressed optimism, stating, “We trust that the court will recognize the adverse ramifications of this amendment and safeguard access to quality education for all children in Maharashtra.” The petitioners are being represented in court by the senior advocate, Gayatri Singh and Shreya Mohapatra.
