The Bombay High Court has ruled that the Maharashtra government’s decision. It is to exempt private unaided schools from reserving 25% of seats for children from disadvantaged sections. If there is a government-run or aided school within a 1 km radius, is unconstitutional.
This exemption was introduced earlier this year through amendments. This was to the Maharashtra Right of Children to Free and Compulsory Education Rules, 2011. However, a division bench comprising Chief Justice Devendra Upadhyaya and Justice Amit Borkar declared these amendments as unconstitutional. It was ultra vires to the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act).
According to Section 12(1)(c) of the RTE Act, private unaided schools are mandated to reserve 25% of their seats in Class I for children from weaker sections and disadvantaged groups. This provision also extends to specific categories of schools such as Kendriya Vidyalaya, Navodaya Vidyalaya, and Sainik Schools, as well as to those not receiving any aid from the government or local authorities.
Background
The High Court’s decision came after a PIL filed by Aswini Kable, who argued that the amendment violated Articles 14, 21, and 21A of the Constitution. Kable cited precedents from the Allahabad High Court and Madhya Pradesh High Court, where similar amendments were struck down.
The State defended its position by arguing that the exemption applied only to private unaided schools. It must be located within a one-kilometre radius of government and aided schools. They contended that, under Section 6 of the RTE Act, the government and local authorities are obligated to establish schools. They can be in prescribed areas, which has been fulfilled in Maharashtra, thus making the inclusion of private unaided schools unnecessary.
The High Court had previously stayed the amendment on May 6, pending further review. The detailed judgement on the case is still awaited.
