Maharashtra RTE rule change challenged in Supreme Court

A Public Interest Litigation (PIL) has been filed in the Nagpur Bench of the Bombay High Court (HC) against the Maharashtra government’s amendment to the State’s Right to Education (RTE) Rules, which allows unaided private schools in the near government-supported schools from the right to education. to reserve their 25% seats for economically weaker and underprivileged children.

The petitioners have claimed that the change in rules violates the constitutional right to education for children aged six to 14. They also claim that the state’s decision goes against the objective of the RTE Act to provide inclusive education while diluting the responsibility of private schools for education. marginalized students. The decision is institution-oriented and child-oriented, the petition argues.

The plea, filed by Yavatmal-based Parivartan Samajik Bahuddeshiya Sanstha and three others, was heard on Wednesday by a bench of Justices Nitin Sambre and Ajay Mantri, which sought a response from the principal secretary of the state education department by May 8.

Changes in RTE rules affecting seat reservations in private schools

According to the RTE Act, 25% of seats at the entry point – Class 1 or pre-primary – in unaided private schools should be reserved for children from economically weaker and disadvantaged sections. These students receive free education, while the government reimburses their tuition fees to schools. Schools run by religious and linguistic minorities are exempt from this requirement.

However, earlier this year, the government amended the RTE rules to exempt unaided private schools within a kilometer radius of the government and aided schools from the obligation to reserve 25% of their seats for marginalized students. As per the revised norms, parents will first be allotted seats in government and aided schools in their area, with the private, non-aided schools being made available only if government aided seats are not available.

Conflict between the government’s objectives and the intentions of the RTE Bill

This move is aimed at promoting government schools and limiting the state’s expenditure on reimbursements. The government is targeting private schools for failing to pay their fees.

However, the petitioners point out that the object and reasons of the 2008 RTE Bill stated that the legislation aimed to provide inclusive primary education, with both government-aided and non-aided schools being responsible for ensuring free and compulsory quality education. The state’s announcement that the rules are being changed undermines that goal, they claimed.

Argument for inclusive education and a child-centered approach under the RTE Act

“The private educational institutions are subject to the RTE Act 2009 not because of lack of sufficient government-run or government-aided schools, but because of the principle of social inclusion and provision of satisfactory quality education. The exemption granted to unaided private schools in the impugned notification is unreasonable,” the petition reads.

Citing a 2016 judgment of the Himachal Pradesh High Court, the petitioners submitted that there should be no hierarchy or condition for obtaining benefits under Section 12 (1) (C) of the RTE Act 2009, which provides for a 25% reservation in non-subsidized schools. It also referred to a Supreme Court (SC) order that says the right to education is “child-centric and not institutional”.

Published: Thursday, April 25, 2024 01:47 IST