RTE quota: Bombay HC junks Maharashtra govt notification giving conditional exemption to private schools
The Hindu
Bombay High Court quashes Maharashtra government notification exempting private schools from RTE Act quota admissions within one-kilometre radius.
The Bombay High Court on July 19 quashed a February 9 notification of the Maharashtra government that exempted private schools within a one-kilometre radius of government or aided schools from Right to Education (RTE) Act quota admissions.
A division bench of Chief Justice D.K. Upadhyaya and Justice Amit Borkar said the notification was “ultra vires” (beyond legal power) to Article 21 of the Constitution and the provisions of the Right of Children to Free and Compulsory Education Act, 2009, also known as the RTE.
“The notification is held to be null and void,” HC said.
The bench, however, noted that before it had stayed the implementation of the notification in May, a few private unaided schools had admitted students.
These admissions shall not be disturbed but the schools shall ensure that the 25% quota for seats under the RTE shall be filled, it said.
In May the HC had stayed the implementation of the notification.
A bunch of petitions had challenged the notification claiming it contravened the provisions of the RTE Act.