Nagpur: The Nagpur Bench of Bombay high court on Thursday issued notice to the state govt after PILs challenged a newly introduced rule restricting admissions under Right to Education (RTE) Act to schools located within a 1km radius of a student’s residence.A division bench comprising Justices Anil Kilor and Raj Wakode directed the govt to file its response by March 9 after petitioners argued the restriction could deprive many children from disadvantaged backgrounds of access to quality education in private schools.Under the Right of Children to Free and Compulsory Education Act, 2009, private unaided and non-minority schools are required to reserve 25% of seats for children from socially, educationally and economically weaker sections. However, through a February 12 govt resolution, the state govt introduced a new condition allowing students to apply only to schools located within 1km of their residence, replacing the earlier 3km limit.The PILs were filed by social activists Ashish Fulzhele, Aniket Kuttarmare and Vaibhav Kamble from Nagpur, and Shankar Atram and Karishma Bangde from Chandrapur, who contended that the new rule imposes “unjust restrictions on children’s rights” and undermines the objective of the RTE Act. The arguments were advanced by lawyers Bodhi Ramteke and Deepak Chatap, who argued that the restriction is “arbitrary, illegal and unconstitutional” as it defeats the fundamental purpose of the legislation.The petitions argue that the Act itself does not prescribe any maximum distance of 1 kilometre for such admissions. Yet, the state’s online admission portal only displays schools located within that radius, effectively preventing parents from applying to institutions beyond it.As per the plea, the system uses Google Maps-based location tracking and does not allow the GPS marker to be moved beyond a 1-kilometre radius while entering the residential address. As a result, only schools within that limited zone appear in the application list, and the lottery-based allotment process is also conducted within the same range.The petition further states that if parents decline the allotted school, they are not given another opportunity to apply, making the restriction particularly burdensome for families seeking better educational options.Petitioners pointed out that many govt and Zilla Parishad schools across the state face shortages of teachers and basic infrastructure, prompting parents to prefer private schools for quality education. The new rule, they argue, could prevent many children—especially in rural and tribal areas—from benefiting from the 25% reservation mandated under the RTE law.The matter assumes urgency as it relates to the admission process for the 2026–27 academic year. The Bench posted the matter for further hearing after directing the state govt to place its response on record.
