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Bombay High Court issues notice to Maharashtra Government over 1-km limit for RTE admissions
This is the second time in two years that Maharashtra’s RTE rules have run into legal trouble.
The petition was filed by Shankar Baburao Atram from Chandrapur district. (Source: Express Archives)
The Nagpur Bench of the Bombay High Court Thursday issued notice to the Maharashtra Government and the state School Education Ministry over a challenge to a new rule that prevents Right to Education (RTE) admissions beyond the radius of one kilometre from the student’s house.
The petition was filed by Shankar Baburao Atram from Chandrapur district.
In the March 5 order, a Division Bench of Justices Raj Wakode and Anil Kilor noted that the petitioner was a member of the Scheduled Tribe community who sought admission of his son under the 25 per cent quota provided under the RTE Act. However, the bench noted that he was unable to submit his application because no school was available within a one-kilometre radius of his house.
In the new rules issued in February 2026, the Maharashtra Government announced that RTE admissions will be restricted to one km, unlike earlier, when applicants could choose schools up to 3 km and beyond. The RTE Act reserves 25 per cent of seats in private unaided schools for children belonging to socially and economically backward classes.
The council for the petitioner submitted that, according to a 2024 judgement of the Bombay High Court, Section 12(1)C of the RTE Act, 2009, does not impose any restriction for 25 per cent admissions on the basis of distance. The notice issued to the respondents is returnable on March 9.
On Wednesday, the Aam Aadmi Party held a protest against the introduction of this change at the Directorate of Primary Education in Pune.
This is the second time in two years that Maharashtra’s RTE rules have run into legal trouble. In 2024, the government announced that private schools within a 1 km radius of a government or aided school in Maharashtra will not be obligated to give RTE admissions. However, the notification was struck down by the Bombay High Court as being against public interest.
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The Maharashtra Government has also repeatedly delayed fee reimbursement to private schools for students admitted under RTE. According to officials, funds amounting to up to Rs 2000 crore over the last few years have yet to be released by the government to schools. Private school organisations have repeatedly complained about the lack of funds.
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