The Bombay High Court suspends exemption for private schools in Maharashtra

The Bombay High Court on Monday stayed a Maharashtra government notification that private schools with a government-run school within a radius of 1 kilometer would not be required to reserve 25 per cent of seats for children from backward classes under the Right to Education Act (RTE). Action) (Aswini Kamble v. State of Maharashtra & Anr).

A bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S doctor noted that the state amendment hampered children’s right to free primary education.

“We are of the prima facie view that provisions are ultra viral with the provisions of the RTE Act. Even otherwise, by amending the provisions of the Maharashtra Rules for the Right of Children to Free and Compulsory Education, the right of children to free primary education, which is otherwise guaranteed under the RTE Act, is hampered. Due to overwhelming public interest, we determine that the change notified on February 9 will be suspended until further notice.” said the Court.

The Court passed the order on a petition filed by Aswini Kamble, who challenged the Maharashtra government’s notification dated February 9.

This notification amended the state’s rules under the RTE Act and stated that private schools with a government-run school within a radius of 1 kilometer would not be required to admit children falling under the RTE quota.

Kamble had also urged the Supreme Court to stay the amendment as an interim measure as admissions to schools were set to begin this month.

The Court today stayed the notice and directed the state government advocate to file an affidavit responding to the grounds raised in the petition.

Before the amendment, the RTE Act required all non-subsidized and private schools to reserve 25 percent of their primary places for children from socio-economically backward groups.

This was to further the goal of ensuring that all children between the ages of 6 and 14 receive free and compulsory education, regardless of their economic or social background.

The government had to compensate the private schools for admitting students under the RTE quota.

On February 9, a proviso was added to the state RTE rules through a gazette notification stating:

“Provided that the local government shall not identify the unaided private school for the purpose of 25% admission of underprivileged groups and weaker groups under the Rules of 2013, government and aided schools being within one kilometer radius of such school .”

This notice also clarified that if no subsidized or government school was established in the area, private schools would not be exempted from the obligation to admit students under the RTE quota (for which they would receive compensation from the state).

Kamble’s lawyer today argued that the February 9 amendment was violative of Articles 14, 21 and 21A of the Constitution of India and the RTE Act.

She relied on judgments of the Allahabad and Himachal Pradesh High Courts, which had stayed similar decisions of the state government concerned.

Additional government advocate Jyoti Chavan countered that the exemption for private schools was not absolute.

She pointed out that the relaxation was applicable only to unaided private schools located near government or aided schools.

Chavan added that this amendment was introduced so that the burden of providing free primary education is borne by the government schools.

The case will be heard further on June 12, 2024.