Bombay High Court Voids Maharashtra's Exemption for Private Schools from RTE Quota Admissions

The Bombay High Court invalidated Maharashtra's notification exempting private schools within a one-kilometer radius of government or aided schools from RTE Act quota admissions. The court declared the notification unconstitutional, reinforcing the mandate for these schools to reserve 25% seats for disadvantaged children, thus upholding Article 21-A of the Constitution.

In a significant ruling, the Bombay High Court on Friday nullified Maharashtra government's notification exempting private schools within a one-kilometer radius of government or aided schools from Right to Education (RTE) Act quota admissions.

A division bench comprised of Chief Justice D K Upadhyaya and Justice Amit Borkar stated that the February 9 notification was 'ultra vires' to Article 21 of the Constitution of India and provisions of the RTE Act, 2009.

'The notification is held to be null and void,' declared the court, emphasizing the legal obligation of private unaided schools to provide education for disadvantaged children within the age group of six to fourteen years. The court's decision underscores the state's mandate to offer free and compulsory education under Article 21-A, positioning it as an almost absolute duty.