The Bombay High Court, led by Chief Justice D K Upadhyaya and Justice Arif Doctor, issued a stay on a notification released by the Maharashtra government.
This notification granted private unaided schools exemption from admitting students under the Right to Education (RTE) quota if a government-run school is located within a 1-kilometre radius. The court deemed the notification to be in violation of the Right of Children to Free and Compulsory Education Act 2009, commonly known as RTE, as it contradicts the mandate of reserving 25% of seats for economically weaker and disadvantaged students.
The bench expressed concern that this exemption could impede the provision of free education to children. Additionally, the court stated that any subordinate legislation cannot contravene the principal Act. Thus, the notification was deemed prima facie unconstitutional, and its implementation was suspended until further orders.
The court heard multiple petitions challenging the notification, with petitioners arguing its unconstitutionality and inconsistency with the RTE Act, which ensures free education for children from weaker and disadvantaged sections. The government clarified that the notification only applies to unaided private schools in areas where government or aided schools are present.
The matter has been scheduled for further hearing on Tuesday.
Source: PTI
Also read: Rolling over vacant EWS seats to the next year conforms with RTE Act