RTE quota admissions: Bombay High Court stays exemption to private schools in Maharashtra

The Bombay High Court on Monday stayed a Maharashtra government notification declaring that private schools having a government-run school within 1 kilometer radius would not be obligated to reserve 25 per cent of its seats for children from backward classes under the Right to Education Act (RTE Act) [Aswini Kamble v. State of Maharashtra & Anr]..A Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S Doctor observed that the State's amendment was hampering the right of children to get free elementary education. "We are if the prima facie opinion that provisos are ultra vires the provisions of RTE Act. Even otherwise, by appending the provisos to the Maharashtra Right of Children to Free and Compulsory Education Rules, the right of children to get free elementary education is being hampered which is otherwise guaranteed under Article 21A of the Constitution. Having regard to the overwhelming public interest we provide that till further orders, the amendment notified on February 9 shall remain stayed", the Court said. .The Court passed the order on a petition by one Aswini Kamble who challenged the Maharashtra government's February 9 notification.This notification amended the State's rules under the RTE Act and declared that private schools having a government-run school within 1-kilometre area would not be obligated to admit children under the RTE quota.Kamble had also urged the High Court to stay the amendment as interim relief since school admissions were slated to start this month..The Court today stayed the notification, and directed the State government pleader to file an affidavit responding to the grounds raised in the petition. .Prior to the amendment, the RTE Act required all unaided and private schools to reserve 25 per cent of their entry level seats for children from socio-economically backward sections.This was to promote the goal of ensuring that all children between ages of 6 and 14 years get free and compulsory education, regardless of their economic or social background. The government was to reimburse the private schools with the fee for admitting students under the RTE quota.On February 9, a proviso was added to the State RTE Rules by a gazette notification which stated:“Provided that the local authority shall not identify the private unaided school, for the purposes of 25% admission of disadvantaged group and weaker section under 2013 Rules where government schools and aided schools are situated within one-kilometre radius of that school."This notification also clarified that if no aided or government school was located nearby, private schools would not be exempted from having to admit students under the RTE quota (for which they would receive reimbursement from the State)..Kamble's lawyer submitted today that the February 9 amendment was violative of Articles 14, 21 and 21A of the Constitution of India as well as of the RTE Act.She relied on judgments from the Allahabad and Himachal Pradesh High Courts which had stayed similar decisions taken by the State government concerned. Additional government pleader Jyoti Chavan countered that the exemption given to private schools was not absolute. She pointed out that the relaxation applied only to unaided private schools situated near government or aided schools. Chavan added that this amendment was brought in so that the burden of the providing free elementary education is borne by government schools. .The matter will be heard further on June 12, 2024..[Read order]