Mumbai: Petitioners challenge RTE changes, high court set to weigh in

The petition filed in the High Court involved members of the management of aided schools and parents from socio-economically backward classes. Representationa Image

The ongoing debate surrounding the recent amendments to the RTE Act by the state education authorities continues without resolution. Following a writ petition in the Bombay High Court, a public-interest litigation (PIL) has now been filed in the Nagpur High Court, challenging the state government's notification that altered regulations under the Right To Education (RTE) Act. This notification exempted private schools that were within a radius of 1-kilometere of a government-run school from admitting children under the RTE quota.

The amendment, introduced in February of this year, overturned the previous mandate that obligated reputed self-financed and private unaided schools from primary to eighth grade to reserve 25 per cent of their seats under the Right to Education Act. This provision ensured that financially disadvantaged students could access quality education in private, unaided schools regardless of their economic background, thanks to RTE. The petition filed in the Bombay High Court involved 17 individuals, including members of the management of aided schools and parents from socio-economically backward classes.

Meanwhile, the plea submitted to the Nagpur High Court was initiated by the Yavatmal-based Parivartan Samajik Bahuddeshiya Sanstha and three others. Both cases are scheduled to be heard at the Bombay High Court on May 8.

The primary demand in both petitions is for a stay order on the admission process under the new amendment. The secondary demand is to rescind the Gazette Notification dated February 9, 2024, issued by the state government, and reinstate the provision for 25 per cent admission in private unaided and self-financed schools as it was previously implemented.

Speaking to mid-day, one of the petitioners stated, "The statement of object and reason of the RTE Bill 2008 emphasised the legislation's goal of providing inclusive elementary education, with both government-supported and unaided schools sharing the responsibility of guaranteeing free and compulsory quality education. The state's notification altering its rules undermines this objective."

Additionally, the petitioners have requested the court to instruct the state government to update the list of eligible schools on the state's ‘RTE 25 per cent admission portal' to encompass all private unaided schools. This would enable parents to apply for their children's admission for the academic year 2024-25.

Even in Punjab and Karnataka, the ‘Right to Education Act 2009' mandates a 25 per cent reservation in admissions in government schools, while private unaided schools are excluded. Similarly, the organisation ‘Education Rights Trust' took the matter to the Bangalore High Court against the Karnataka Government. In this case, the court ruled in favour of the state government, affirming that the Right to Education Act is ‘child-centric' rather than ‘school-centric'.

25 per cent
No. of admissions reserved under RTE