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Synopsis

The Bombay High Court has quashed the Maharashtra State Government’s notification that exempted private schools within 1 km of government or aided schools from the Right to Education Act.

The act requires private schools to provide fee concessions to 25% of the admissions, which is then reimbursed by the state government.

The division bench of the high court, comprising Chief Justice Devendra Upadhyaya and Justice Amit Borkar, was hearing petitions filed by members of the management of aided schools and parents from socio-economically backward classes.

The high court noted that the said provisions were ultra vires to the RTE Act and against Article 21 of the Constitution.

The petitioners claimed that the impugned circulars and notification were contrary to the RTE Act, which provided a 25% quota at municipal schools, aided schools, and private unaided schools.

The state government submitted that the apprehension of the petitioners was not appropriate. It was also argued that, as per the circular, the 25% reservation for children from economically weaker and disadvantaged sections of the society shall be confined to self-financed schools, police welfare (unaided) schools, and self-financed schools run by municipal corporations.

The high court, in its order, noted that admissions made by private unaided schools prior to the interim stay order for students from economically weaker and disadvantaged sections shall not be disturbed.

Furthermore, the bench said that 25% of the total strength of class 1 in private unaided schools shall be filled in as per the RTE Act.