Supreme Court rejects plea by Maharashtra private schools to restore their exemption from RTE Act quota

The Supreme Court on Friday upheld a Bombay High Court decision to quash a notification issued by the Maharashtra government exempting private schools within one-kilometre radius of a government-run school from reserving 25 percent seats for children from backward classes under the Right to Education Act (RTE Act) [Association of Indian Schools vs State of Maharashtra and ors]..A Bench of Chief Justice of India (CJI) DY Chandrachud with Justices JB Pardiwala and Manoj Misra dismissed the appeal filed by the Association of Indian Schools (appellant) against the High Court decision.Pertinently, the appeal prompted the CJI to dwell on the importance of inclusive education."Children from the Economically Weaker Sections (EWS) category must attend good schools. When the children studying in these schools interact with EWS students will understand what truly the country is else they will just live in fancy cocoons of fancy gadgets and cars", he stated.The CJI gave the examples of Sanskriti School at Chanakyapuri and the University of Delhi. "I have personally seen Sanskriti school where children of slums and house help also come and that is also about adjustment in interaction and that is what life in India all about. See, we were put in a very good English school since my parents were from Marathi medium but when I came to Delhi I got holistic education. In Delhi University, we had students from the northeast and then we knew what problems ail them."The State providing education to marginalised is about quality and not just quantity, he underscored..The Bombay High Court had in July set aside the notification in question.This prompted the instant appeal before the apex court through advocate Nagarkatti Kartik Uday.Senior Advocate Mukul Rohatgi alongwith Advocate Misha Rohatgi appeared for the appellants today."Mr. Rohatgi, we are all from this great nation. And it is upon all of us that all climb the social ladder. Mr Rohatgi, you do so much charity work yourself," the CJI said while dismissing the case today..The High Court had held that the notification was ultra vires of the RTE Act and Article 21 of the Constitution of India.This notification stated 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).It had clarified that admissions granted against reserved seats to students not belonging to the reserved category prior to the staying of the notification, will not be cancelled. .The High Court's verdict had come on a petition by one Aswini Kamble. Prior to the notification, 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.With the notification now quashed, the private schools have to comply with the mandate under RTE Act.