Bombay High Court Overturns Controversial Maharashtra Govt Notification on RTE Quota

The Bombay High Court quashed a Maharashtra government notification exempting private schools near government or aided schools from RTE Act quota admissions. The court labeled the notification as ultra vires to Article 21 and the RTE Act. The admission of students admitted under the stayed notification will not be disturbed but future admissions must adhere to the 25% quota.

The Bombay High Court has overturned a February 9 notification issued by the Maharashtra government, which had allowed private schools within a one-kilometre radius of government or aided schools to bypass Right to Education (RTE) Act quota admissions.

Chief Justice D K Upadhyaya and Justice Amit Borkar deemed the notification "ultra vires" to Article 21 of the Constitution and the Right of Children to Free and Compulsory Education Act, 2009.

The court declared the notification null and void but stated that admissions already made under the stayed notification would not be affected. However, the schools must ensure the 25 per cent quota under the RTE Act is met.

(With inputs from agencies.)