Students from disadvantaged and weaker sections in Maharashtra could apply to private unaided or self-financed schools within a radius of one to three kilometers of their homes under the Right to Education (RTE) Act, 2009. However, a recent gazette notification dated 09th February 2024 issued by the state government states that private schools will be exempted from the 25% RTE quota if there is a government-run or government-aided school within a 1km radius of that school. This new rule will be in force from the upcoming academic year 2024-25. The amendment affects lakhs of students from disadvantaged groups and weaker sections.
Given this, parents, activists, and educational organizations expressed their concerns emphasizing the potential negative impact on the quality of education accessible to these children. They are contesting the amended regulations, which risk segregating students based on economic status, thereby creating disparities in educational opportunities. As such, a Public Interest Litigation (PIL) is filed at the Nagpur Bench of Bombay High Court by Senior Advocate Jayna Kothari, along with advocates Deepak Chatap (Constitution Defender Fellow), Payal Gaikwad, and other educational organisations appearing on behalf of the petitioners.
The Court issued notices to the Secretary, Deputy Secretary and the Commissioner of the Education Department of the Maharashtra Government to file a reply by 7th May 2024 and the matter will be taken on 8th May for consideration of grant of interim relief.