The 86th (Constitution Amendment) Act, 2002 inserted Article 21A to the Constitution which holds the State, mandatorily, responsible for providing free, compulsory, and high-quality education to all students aged 6-14 years in India.
According to the Right of Children to Free and Compulsory Education Act (RTE), 2009, all private unaided schools are required to reserve 25% of their in Class I, for students from disadvantaged and weaker sections. recently the Maharashtra government issued a notification amending the Maharashtra Rules on February 9, 2024, under which it exempts all private unaided schools from the 25% reservation under the RTE Act 2009 if there is a government-run or government-aided school within a 1km radius of the private school. This amendment would create disparities in educational opportunities and segregate students based on caste and class.
CLPR represented two Petitions, in a Public Interest Litigation (PIL) that was filed in the Hon’ble Bombay High Court challenging the new amendment to the Rules. On 6th May 2024, the petition was heard in the Bombay High Court, and a Division bench of the Bombay High Court stayed the operation of the amendment, on the grounds that it was unconstitutional, violative of Articles 14, 21 and 21-A of the Constitution of India and ultra vires the provisions of the Principal Act, namely, the Right of Children to Free and Compulsory Education Act, 2009.
The Honorable High Court of Bombay, on 19 July 2024, held that the impugned proviso appended to 4(5) of principle rules 2011 vide impungned notification, dated 09 February 2024, is ultra vires the RTE Act 2009 and article 21-A of the Constitution of India and, accordingly, the impugned proviso is declared to be void. Consequently, the proviso appended to rule 8(2) of the principlke rules 2011 is held to be inoperative.
The communication, dated 06 March 2024, and the circular dated 03 April 2024 issued by the Director of Education (primary), State of Maharashtra are hereby quashed. The Court also stated that in any circumstance, 25% of the total strength of class I of private unaided schools shall be filled-in, in terms of Section 12(1)(c) of the RTE Act and where it is necessary, the total seats may be increased by such schools by submitting necessary information and details to the concerned authority of the Education department of the State government.
Thus, the petition was disposed of.