SC Upholds Bombay HC Ruling: Maharashtra’s Exemption for Private Schools Under RTE Act Quashed

The Supreme Court has upheld a Bombay High Court decision to quash a notification issued by the Maharashtra government. The notification had exempted private schools within a one-kilometre radius of a government-run school from reserving 25 percent of seats for children from backward classes under the Right to Education Act (RTE Act).

A bench comprising Chief Justice of India (CJI) DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, dismissed the appeal filed by the Association of Indian Schools (appellant) against the High Court’s ruling.

Significantly, the appeal led the CJI to emphasize the importance of inclusive education. “Children from the Economically Weaker Sections (EWS) category must attend good schools. When the children studying in these schools interact with EWS students, they will understand what the country truly is; otherwise, they will just live in fancy cocoons with fancy gadgets and cars,” he remarked.

The CJI cited examples of Sanskriti School in Chanakyapuri and the University of Delhi to illustrate his point.

“I have personally seen Sanskriti School, where children from slums and households of domestic workers also attend. This is about adjustment and interaction, and that is what life in India is all about. My parents came from a Marathi medium background, but when I attended school in Delhi, I received a holistic education. At Delhi University, we had students from the Northeast, and that’s when we understood the challenges they face.”

He further stressed that the State’s responsibility to provide education to marginalized communities is about ensuring quality, not just quantity.

The Bombay High Court had, in July, set aside the notification, leading to the instant appeal before the Supreme Court, filed through advocate Nagarkatti Kartik Uday.

Senior Advocate Mukul Rohatgi, along with Advocate Misha Rohatgi, represented the appellants. During the hearing, the CJI remarked, “Mr. Rohatgi, we all belong to this great nation, and it is upon all of us to ensure that everyone climbs the social ladder. Mr. Rohatgi, you do so much charity work yourself,” while dismissing the case.

The Bombay High Court had held that the notification was ultra vires of the RTE Act and Article 21 of the Constitution of India. The notification had stated that private schools would not be exempted from admitting students under the RTE quota (for which they would receive reimbursement from the State) unless no aided or government school was located nearby.

The High Court had clarified that admissions granted to non-reserved category students under the reserved seats before the notification was stayed would not be canceled.

Before the notification, the RTE Act required all unaided and private schools to reserve 25 percent of their entry-level seats for children from socio-economically backward sections. This was to promote the goal of ensuring that all children between the ages of 6 and 14 years receive free and compulsory education, regardless of their economic or social background.

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