Bombay High Court Cancels Maharashtra Government's Move To Exempt Private Schools From RTE Quota

On July 19, the Bombay High Court invalidated a Maharashtra government circular that had exempted private unaided schools within a 1 km radius of government-run schools from the 25% Right to Education (RTE) quota admissions. This ruling mandates that private unaided schools must now admit students from economically weaker and disadvantaged sections as required by the RTE Act, 2009. However, the court ensured that the admissions of private students already admitted under these seats will not be affected.

Previously, on May 6, the Bombay High Court had stayed an amendment to the Maharashtra RTE Rules, 2011, which introduced the exemption for private unaided schools. The court was addressing several petitions challenging a notification dated February 9, which had added two provisos to the RTE Rules, 2011. This notification had exempted private unaided schools near government-supported schools from reserving 25% of their seats for children from economically weaker and disadvantaged backgrounds. Before this amendment, it was mandatory for unaided and private schools to reserve 25% of their seats for students from socio-economically backward sections.