Mumbai: In an important update about Right to Education Act (RTE), the Nagpur bench of the Bombay High Court has paused the Maharashtra government’s rule that limited school selection to within 1 kilometre of a student’s home.
Under the RTE law, private unaided schools must reserve 25% seats for children from economically weaker and disadvantaged families. Recently, the state government introduced a rule saying parents could choose only those schools located within 1 km of their residence for RTE admission.
However, this rule was challenged in court by advocates Bodhi Ramteke and Deepak Chatap, along with petitions filed by social activists Ashish Fulzhele and Aniket Kuttarmare. They argued that the 1 km restriction is not mentioned in the RTE Act.
After hearing the petitions, the Nagpur bench decided to stay the government’s 1 km rule for now.
The court observed that the Right to Education Act is a central law, and adding such a restriction could reduce the benefits given to children from weaker sections. The judges also noted that giving rights with one hand and limiting them with another is unfair.
Petitioners had also claimed that the 1 km rule was arbitrary, illegal and against the Constitution.
With the court’s decision, parents can now apply to any eligible school for RTE admission, instead of being restricted to schools near their homes. The ruling has been welcomed by many parents and education activists.