Educational boards can’t object if private schools increase Class 1 strength for 2024-25 due to RTE quota: Bombay High Court

On July 19, in a setback to the Maharashtra government, the bench quashed and set aside its notification that exempted private schools within a one-kilometre radius of government or aided schools from following the RTE Act quota admissions.

The HC noted that the admissions made by private unaided schools prior to the May 6 stay order for students belonging to economically weaker and disadvantaged sections should not be disturbed and “in any circumstance, 25 per cent of the total strength of Class 1 of private unaided schools shall be filled in as per RTE Act”.

It added that if necessary, such schools would increase the total number of seats by submitting necessary information and details to the education department’s authority concerned. On May 6, the court stayed the implementation of the government notification until further orders were received.

The students admitted under 25 per cent RTE quota are given fee concessions, and the state government later reimburses the fees to private unaided schools.

On August 9, the Supreme Court rejected an appeal by an Association of Indian Schools representing some private unaided schools against the July 19 Bombay HC judgement.

The HC bench on Tuesday noted that while seeking recognition or affiliation from educational boards, the private unaided schools have to indicate the strength of students to be imparted in a particular class.

A counsel representing one of the educational boards submitted that the verdict did not bind them as they were not made parties in the matter related to RTE quota in which the judgement was passed, which the bench said was an excuse.

“In our opinion, in making admission only for current academic year of 2024-25, that too in Class 1, in excess of the strength is made, no affiliating bodies can have any objections,” the bench noted and disposed of the review pleas.