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Bombay HC stays new 1km radius limit for RTE school admissions

Under the RTE Act, 2005, 25 per cent seats in private unaided schools are reserved for children from socio-economically backward classes.

rteThe RTE admission process has already begun in the state February 17 onwards, and March 10 was the last date for student application in the regular selection list. (File photo)

In another legal setback to the state government, the Nagpur Bench of the Bombay High Court on March 9 stayed the one-kilometre radius limit for admissions under the RTE Act. Introduced this year, the rule change stated that applicants could apply for the 25 per cent RTE quota in private schools present only within a one-kilometre radius from their place of residence. Two years ago, the High Court had similarly quashed a rule change by the Maharashtra government that exempted private schools from RTE admissions if a government school was present within a one-kilometre radius.

Under the RTE Act, 2005, 25 per cent seats in private unaided schools are reserved for children from socio-economically backward classes. The schools are paid a reimbursement by the government for the same. Before this year’s rule change, parents could apply to schools within a three-kilometre radius and beyond.

Referencing the 2024 judgement, the division bench of Justices Anil Pansare and Nivedita Mehta wrote, “The the restrictions imposed appear to us to be contrary to the judgment of this Court as also violative of provisions of the RTE Act read with Articles 14, 21 and 21A, amongst other of the Constitution of India. Accordingly, we stay aforesaid two clauses of the Government Resolution dated 12.02.2026.”

The provisions were challenged through a Public Interest Litigation by petitioner Ashish Fulzele, belonging to a Scheduled Tribe in Chandrapur District. It was submitted by his lawyers that as no school was present within a one-kilometre radius of his residence, he was not able submit an application to avail RTE admission for his child.

The bench also ordered that necessary arrangements should be made in the system, currently administered online, to ensure that admissions are made available according to provisions of the RTE Act and law laid down by the court in its 2024 judgement.

The RTE admission process has already begun in the state February 17 onwards, and March 10 was the last date for student application in the regular selection list. The court stay on the provision is now expected to delay the admission process.

Aam Aadmi Party’s Mukund Kirdat, who previously held a protest against the one-kilometre rule, said in a statement, “From the very first day, we met the Education Director and clearly told him that this order was completely illegal and would be unfair to the parents…However, the government and Education Minister Dadaji Bhuse gave completely misleading information and revealed their ignorance during the debate in the legislature.”

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Kirdat has also alleged that such changes in rules show that the government wants to reduce admissions under RTE as it is not interested in paying the reimbursement to schools. The Maharashtra government has repeatedly delayed RTE reimbursements to private schools for the past many years, with over Rs 2000 crore of payments remaining. Private school organisations have repeatedly threatened to stop RTE admissions if reimbursements are not processed.

Soham Shah is a Correspondent with The Indian Express, based in Pune. A journalism graduate with a background in fact-checking, he brings a meticulous and research-oriented approach to his current reporting. Professional Background Role: Correspondent coverig education and city affairs in Pune. Specialization: His primary beat is education, but he also maintains a strong focus on civic issues, public health, human rights, and state politics. Key Strength: Soham focuses on data-driven reporting on school and college education, government reports, and public infrastructure. Recent Notable Articles (Late 2025) His late 2025 work highlights a transition from education-centric reporting to hard-hitting investigative and human-rights stories: 1. Investigations & Governance "Express Impact: Mother's name now a must to download birth certificate from PMC site" (Dec 20, 2025): Reporting on a significant policy change by the Pune Municipal Corporation (PMC) following his earlier reports on gender inclusivity in administrative documents. "44-Acre Mahar Land Controversy: In June, Pune official sought land eviction at Pawar son firm behest" (Nov 9, 2025): An investigative piece on real estate irregularities involving high-profile political families. 2. Education & Campus Life Faculty crisis at SPPU hits research, admin work: 62% of govt-sanctioned posts vacant, over 75% in many depts (Sept 12, 2025): An investigative piece on professor vacancies at Savitribai Phule Pune University. "Maharashtra’s controversial third language policy: Why National Curriculum Framework recommends a third language from Class 6" (July 2): This detailed piece unpacks reasons behind why the state's move to introduce a third language from class 1 was controversial. "Decline in number of schools, teachers in Maharashtra but student enrolment up: Report" (Jan 2025): Analyzing discrepancies in the state's education data despite rising student numbers. 3. Human Rights & Social Issues "Aanchal Mamidawar was brave after her family killed her boyfriend" (Dec 17, 2025): A deeply personal and hard-hitting opinion piece/column on the "crime of love" and honor killings in modern India. "'People disrespect the disabled': Meet the man who has become face of racist attacks on Indians" (Nov 29, 2025): A profile of a Pune resident with severe physical deformities who became the target of global online harassment, highlighting issues of disability and cyber-bullying. Signature Style Soham is known for his civil-liberties lens. His reporting frequently champions the rights of the marginalized—whether it's students fighting for campus democracy, victims of regressive social practices, or residents struggling with crumbling urban infrastructure (as seen in his "Breathless Pune" contributions). He is adept at linking hyper-local Pune issues to larger national conversations about law and liberty. X (Twitter): @SohamShah07 ... Read More

 

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