On 09 August 2024, Senior Advocate & Executive Director of CLPR, Jayna Kothari along with Litigation Associate, Aparna Mehrotra represented contesting respondents no. 4 & 5 at the Supreme Court in this Special Leave Petition filed by the Association of Indian Schools.
This petition was filed in challenge to the Honourable Bombay High Court judgment which struck down the Maharashtra government’s amendment notification exempting private unaided schools having a government school within a one-kilometre radius from admitting children from disadvantaged and weaker sections of society under the 25% Right to Education (RTE) quota seats. CLPR had represented the petitioners in the Bombay High Court case and won the favourable judgment.
The Right of Children to Free and Compulsory Education Act, 2009, mandates every school to reserve 25% of its seats for children from disadvantaged and weaker sections of society. Students admitted under this quota are given concessions on their school fees, for which the state government reimburses private schools. Section 12(1)(c) places this obligation upon private unaided schools too.
The Association of Indian Schools had approached the Supreme Court challenging the High Court’s July 19 order. The Supreme Court noted that the Bombay High Court order was a well reasoned order that did not need to be interfered with and that in addition to a right to education, students need to have the choice of good education. Reserving 25% quota in private unaided schools ensures that students from disadvantaged groups get the same opportunities and can be assimilated into the mainstream.
With this, the SLP was dismissed and judgment of the Bombay High Court made final.