RTE quota: Bombay High Court junks Maharashtra government notification giving conditional exemption to private schools

Mumbai: The Bombay High Court on Friday quashed a February 9 notification of the Maharashtra government that exempted private schools within a one-kilometre radius of government or aided schools from Right to Education (RTE) Act quota admissions.

A division bench of Chief Justice D K Upadhyaya and Justice Amit Borkar said the notification was “ultra vires” (beyond legal power) to Article 21 of the Constitution and the provisions of the Right of Children to Free and Compulsory Education Act, 2009, also known as the RTE.

“The notification is held to be null and void,” HC said.

The bench, however, noted that before it had stayed the implementation of the notification in May, a few private unaided schools had admitted students.

These admissions shall not be disturbed but the schools shall ensure that the 25 per cent quota for seats under the RTE shall be filled, it said.

In May the HC had stayed the implementation of the notification.

A bunch of petitions had challenged the notification claiming it contravened the provisions of the RTE Act.

The notification exempted private unaided schools within a one-kilometre radius of a government-run or aided school from reserving 25 per cent of seats for economically weaker and disadvantaged children.

Prior to the notification, it was mandatory for all unaided and private schools to reserve 25 per cent of their seats for such children.

The pleas said the notification violated children’s constitutional right to education.

As per the petitioners, the notification was unconstitutional and contrary to the RTE Act which entitles children from weaker and disadvantaged sections to free education.

Additional government pleader Jyoti Chavan had argued that the notification applied only to those unaided private schools situated in areas where there is a government or aided school.

Under the RTE Act, 25 per cent of the seats at the entry level – Class 1 or pre-primary section – in private unaided schools must be reserved for children from economically weaker and disadvantaged sections.

These students get education free of cost, while the government reimburses their tuition fees to the schools.