Bombay HC stays notification on conditional exemption from 25 per cent RTE quota to pvt unaided schools

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The Bombay High Court on Monday stayed a notification issued by the state government that exempted private unaided schools from admitting students under Right to Education (RTE) quota if there is a government-run school within a one kilometre radius.

A division bench of Chief Justice D K Upadhyaya and Justice Arif Doctor said the issue concerned "overwhelming public interest" and that the impugned notification, issued on February 9, contravened provisions of Right of Children to Free and Compulsory Education Act 2009, also known as RTE.

Under the RTE Act, 25 per cent seats at the entry point - Class 1 or pre-primary section - in private unaided schools should be reserved for children from economically weaker and disadvantaged sections. These students get free education free, while the government reimburses their tuition fees to schools.

The notification, however, exempted private unaided schools within 1 kilometre radius of a government-run or aided school from reserving 25 per cent seats for economically weaker and disadvantaged children.

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