On July 19, the Bombay High Court invalidated a Maharashtra government February 9 notification that exempted private schools within 1 kilometre radius of a government-run or aided school from admitting children under the RTE quota, which reserves 25% seats for children from economically weaker and disadvantaged sections.
Court’s Decision
A division bench of Chief Justice D.K. Upadhyaya and Justice Amit Borkar quashed the notification and said that it was “ultra vires” (beyond legal power) to the provisions of the RTE Act and against Article 21 of the Constitution.
Earlier this year, on May 6, the Bombay High Court stayed the implementation of the notification on a PIL filed by Aswini Kable, who argued that it violates Articles 14, 21, and 21A of the Constitution. He cited cases from other high courts, including Allahabad HC and Madhya Pradesh HC, where similar amendments were quashed.
The bench noted that before it had stayed the implementation of the notification, a few private, unaided schools had already admitted students. However, they said that these admissions will not be affected, but the schools will have to ensure that the 25% quota for seats under RTE is implemented effectively.
Details of the Notification
The notification exempted private unaided schools within a one-kilometre radius of a government-run or aided school from reserving 25% of seats for children from economically weaker and disadvantaged sections.
Before the notification, all unaided and private schools were required to reserve 25% of their seats for children from these sections.
Petitioners’ and State’s Arguments
Petitioners claimed that the notification was unconstitutional and contrary to the RTE Act, which provides a 25% quota at municipal schools, aided schools, and private unaided schools for children from economically weaker and disadvantaged sections.
The state submitted that the petitioner’s apprehension was not appropriate. They argued that the notification only applied to those unaided private schools located in areas where there is a government-aided school.
RTE Act Requirements
Under the Right of Children to Free and Compulsory Education Act, 2009, also known as the RTE, private unaided schools are required to reserve 25% of seats at the entry level (pre-primary section) for children from economically weaker and disadvantaged sections. These students are given free education as the government reimburses their tuition fees to the schools.
