Introduction:

In a significant development, the Bombay High Court has stayed the amendment to the Maharashtra Right of Children to Free and Compulsory Education Rules, 2011, which exempted private unaided schools from providing a 25% quota in Class I or Pre-school for children of disadvantaged sections. The division bench, comprising Chief Justice Devendra Upadhyaya and Justice Arif S Doctor, found prima facie grounds to believe that the amendment is ultra vires the RTE Act, 2009. The court’s decision came in response to a Public Interest Litigation (PIL) filed by Aswini Kable challenging the constitutional validity of the amendment.

Arguments of Both Sides:

The petitioners argued that the amendment violates Articles 14, 21, and 21A of the Constitution and is ultra vires the Right of Children to Free and Compulsory Education Act, 2009. They emphasized Section 12(1)(c) of the Act, which mandates a 25% reservation of seats in Class I for children from weaker sections and disadvantaged groups, without any conditions attached. The petitioners sought an interim stay on the amendment, citing urgency due to impending school admissions.

On the other hand, the Additional Government Pleader for the state contended that the exclusion of private unaided schools from the quota was justified, as it only applied to schools within a one-kilometer radius of government and aided schools. She argued that the government and local authorities are obligated to establish schools in prescribed areas, rendering the inclusion of private unaided schools unnecessary.

Court’s Judgement:

The Bombay High Court, after considering the arguments, opined that the impugned provisos were prima facie ultra vires of the RTE Act, 2009. The court emphasized that Section 12(1)(c) mandates the reservation of 25% of seats for children from weaker sections, without subjecting it to any conditions related to the presence of government schools in the neighborhood. The court found the submissions of the state not prima facie tenable and highlighted that subordinate legislation cannot contravene the principal Act.

Therefore, the court granted a stay on the amendment until further orders, directing the respondents to file a reply-affidavit within two weeks. The matter has been scheduled for further consideration on June 12, 2024.