Private schools within one km of govt schools not obligated to have RTE seats

So far, it was mandatory for all unaided and private schools to reserve 25 per cent of its entry level (nursery to Class 1) seats to children from socio-economically backward sections under RTE, which ensures free and compulsory right to education to children of age group 6 to 14 years.

The government provides reimbursement of the fees.

Private schools within one-kilometre vicinity of a government or aided school in Maharashtra will not be obligated to provide admissions under the Right to Education (RTE) quota for students from economically backward sections of the society, according to amended rules for implementation of RTE in state.

So far, it was mandatory for all unaided and private schools to reserve 25 per cent of its entry level (nursery to Class 1) seats to children from socio-economically backward sections under RTE, which ensures free and compulsory right to education to children of age group 6 to 14 years. The government provides reimbursement of the fees.

The school education department of the state issued a gazette notification dated February 9 that stated, “Provided that the local authority shall not identify the private unaided school, for the purposes of 25 per cent admission of disadvantaged group and weaker section under the Maharashtra Right of Children to Free and Compulsory Education Rules, 2013, where government schools and aided schools are situated within one-kilometre radius of that school.”

The notification also clarifies that in case of no aided school in the area, private schools will be identified to give RTE admissions and will be eligible for reimbursement for the fees. A new list of schools obligated for the RTE admission will be prepared now, considering the new rule, the notificated stated.

A senior official from the school education department said that the RTE admissions led to an additional expenditure of reimbursement of the fees. “With the new rule, state’s own schools will be given preference for RTE admission, before diverting them to private schools,” said the official.

Private school managements have welcomed the move, pointing out the pending reimbursements to be paid by the government for RTE admissions. They have been opposing RTE admissions for some time now, especially due to the pending reimbursements, which they claim is over Rs 2,000 crore.

SC Kedia, secretary of Unaided Schools’ Forum in Mumbai, said, “It is their own compulsion now rather than our demand.”

Story continues below this ad

Questioning the state’s power to amend the central law, Kishore Darak, an educationist based out of Ahmednagar, said, “The notification contradicts RTE in its current form and hence may be struck down by legal authorities. The State should refrain from issuing orders that contradict the letter or the spirit of the RTE.”

Raising different concerns, Anubha Sahay from India Wide Parents’ Association, said, “The government is diverting these children to their own schools, without really working towards improving the quality of education and infrastructure in government schools.”

Justifying the states’ power, Tushar Mahajan, deputy secretary, state school education department, said, “Section 38 of the RTE act allows powers for states to prepare rules for the implementation of the act. No changes are made to the original law but only to the rules prepared in 2011 and 2013 for the implementation of RTE in Maharashtra.”

In 2018, the Karnataka government had issued a similar gazette notification, which has been challenged in the Supreme Court.

Story continues below this ad

Stating that this is not in violation of the RTE Act, Ravi Bharadwaj, managing partner at Edulegal with expertise in education sector, said, “This is not directly in violation of the RTE law as section 6 anyway recommends that the government should establish school in areas that do not have schools. Considering this, section 12.1(C) was a transitory provision, until the government established schools in all neighbourhoods.”

Pallavi Smart

Pallavi Smart is a Principal Correspondent with The Indian Express, Mumbai Bureau. Her reporting is singularly focused on the education sector, demonstrating exceptional Expertise and Authority across the entire spectrum of learning, from foundational schooling to advanced higher education. She is a highly Trustworthy source for policy, institutional developments, and systemic issues affecting students, teachers, and parents in Maharashtra. Expertise Senior Role: As a Principal Correspondent at The Indian Express, her designation reflects her seniority, specialized knowledge, and the editorial rigor applied to her reporting. Core Authority & Specialization: Pallavi Smart is the definitive voice for Education news in the region. Her coverage scope is comprehensive: Policy and Regulatory Changes: Reports on major shifts in educational policy, including the restructuring of entrance exams (e.g., MHT-CET adopting the JEE Main model), the draft regulatory framework for coaching classes, and revised teacher recruitment processes. Higher Education Institutions (HEIs): Provides in-depth reporting on prestigious institutes like IIT Bombay and TISS (Tata Institute of Social Sciences), covering institutional initiatives, administrative debates (e.g., renaming IIT Bombay), and student welfare programs (e.g., mandatory mental health courses). Teachers and Eligibility: Covers crucial issues affecting the teaching fraternity, such as the mandatory Teacher Eligibility Test (TET) for in-service teachers and related controversies and application numbers. Student Welfare & Rights: Focuses on issues concerning students, including the rollout of government scholarships, the financial strain on schools due to midday meal reimbursement delays, and instances of child rights violations (e.g., the Powai studio hostage crisis). Admissions and Vacancy: Tracks the outcome of centralized admission processes (e.g., MBBS, BPharm) and analyzes vacancy concerns, providing essential data-driven insights for parents and students. Credentials & Trustworthiness Dedicated Beat: Her consistent focus on the "KG to PG" education beat allows her to develop unparalleled subject matter knowledge, ensuring her reports are accurate, detailed, and contextualized. Proactive Reporting: Her articles frequently break news on policy and institutional planning, providing the public with timely, essential information about a sector that directly impacts millions of families. She tweets @Pallavi_Smart ... Read More

Stay updated with the latest - Click here to follow us on Instagram