All Maharashtra schools must have RTE quota, says HC, marks win for poor students
The Bombay high court struck down the state government’s move to exempt private unaided schools from admitting the underprivileged children on 25% RTE quota
MUMBAI: Students from economically disadvantaged sections who were denied access to private English medium schools after the school education department amended the Right of Children to Free and Compulsory Education Act, 2009, (RTE), in February, can now heave a sigh of relief. The Bombay high court on Friday struck down the state government’s move to exempt private unaided schools, located in the periphery of one kilometer from government or aided schools, from admitting the underprivileged children on 25% RTE quota.
The order was passed by the division bench chief justice Devendra Kumar Upadhyay and justice Amit Borkar, who held the recent amendment was “ultra vires” or beyond the purview of the parent legislation of the Act under the Constitution of India.
Most significantly, noticing that some private unaided schools had filled up all the seats since the state government’s order, without leaving 25% seats for children from weaker sections, the court directed that such schools across Maharashtra must reinstate the quota, even if it means increasing its capacity.
The court was hearing a bunch of petitions challenging the state’s February 9 notification. The petition filed through advocates Payal Gaikwad, Raj Kamble and Vasudha Chandwani, contended that the amendments were not only unconstitutional, being violative of Articles 14 (equality), 21 (right to life) and 21-A (providing free and compulsory elementary education) of the Constitution of India, but defied the provisions of the RTE Act.
The lawyers called attention to Section 12(1)(c) of the Act which clearly mandates that unaided private schools must follow the 25% quota to offer free and compulsory elementary education to children between the ages of six and 14. Exclusion of such schools from the mandate was not permissible, they argued.
The court accepted their arguments and observed that the state’s mandate “is clearly in infringement of Section 12(1)(c) of the RTE Act”. The bench held that the operation of the section was “rather unconditional and hence mandatory for all private unaided schools in the neighbourhood to follow the rule”.
Stay updated with all the Breaking News and Latest News from Mumbai. Click here for comprehensive coverage of top Cities including Bengaluru, Delhi, Hyderabad, and more across India along with Stay informed on the latest happenings in World News.
Stay updated with all the Breaking News and Latest News from Mumbai. Click here for comprehensive coverage of top Cities including Bengaluru, Delhi, Hyderabad, and more across India along with Stay informed on the latest happenings in World News.