Battle for Inclusivity: RTE Amendment Challenged in the Bombay High Court

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A writ petition has been filed before the Honorable Bombay High Court challenging the recent amendment to the Right to Education Act by the Maharashtra government. Prior to this mandate, it was compulsory for all self-financed and private schools allocate a 25% quota for children from socio-economically disadvantaged sections of society.

This plea, brought forth by 17 individuals including parents of children from these socio-economically backward classes, argues that the amendment undermines the educational rights of disadvantaged children. The petitioners contend that the Union Ministry of Education supports the principle of ‘inclusive education,’ which promotes a learning environment where diverse groups of students come together. This model is designed to enhance the potential of all students, fostering an equitable educational landscape.

The petitioners assert that the amendment not only infringes upon the educational rights of these children but also violates the foundational values of equality embedded within the Constitution. The resolution of this case could significantly influence the educational opportunities available to numerous children across the state.

The division bench, comprising Justice Atul S. Chandurkar and Justice Jitendra S. Jain, is currently hearing this plea. The core of their deliberations centers on whether to reinstate the 25% quota for socio-economically backward sections, a decision pivotal to preserving educational equity within Maharashtra.

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About the Author: Hemansh Tandon