Nagpur: The Nagpur bench of Bombay high court on Thursday directed the Maharashtra govt to reconsider and modify the distance criteria applied for admissions under the RTE Act, 2009. The HC observed that imposing rigid territorial limits could undermine children’s right to education.A division bench comprising Justices Anil Pansare and Nivedita Mehta made the observations while hearing a PIL by Ashish Fulzele and others challenging provisions of a govt resolution, issued on February 12, relating to admissions under the RTE Act. The matter was listed for compliance on March 16.The petitioners sought to quash certain clauses of the resolution that imposed a strict 1km territorial limit while implementing the provision requiring private unaided schools to reserve 25% seats for children from weaker sections and disadvantaged groups.The court observed that Article 21A of the Constitution guarantees free and compulsory education to children aged between 6 and 14 years, and that the RTE Act was enacted to operationalise that constitutional mandate.Referring to the statutory framework, the bench noted that Section 12(1)(c) places an obligation on specified category schools and private unaided schools to admit at least 25% students from weaker sections in Class I and provide free elementary education until completion. The judges said such obligation is “absolute and unconditional” and cannot be diluted through subordinate legislation or administrative orders imposing restrictive territorial conditions. The court also referred to an earlier ruling in Akhil Bharatiya Samajwadi Adhyapak Sabha versus State of Maharashtra, in which the HC held that proximity conditions restricting admissions in private unaided schools were inconsistent with the RTE Act and Article 21A.The bench observed that the February 12 GR appeared to reintroduce similar restrictions despite the earlier judgment. “To prioritise the selection of schools at the nearest possible location from the residence of a child is one thing and his right to have education in the school, including private unaided school, is another,” the court said.The judges noted that in several localities, private unaided schools might not exist within a 1km radius even though govt or aided schools are present. In such situations, the child must have the option to travel beyond that limit to secure admission in a private unaided school under the RTE quota.During the hearing, the state informed the HC that it decided to extend the distance criteria from 1km to 3km and also extended the deadline for submission of admission applications until March 18. However, the bench observed that merely extending the limit might still fail to address the underlying issue. “If purpose of provision under Section 12(1)(c) of the RTE Act is to be achieved, the respondents should ensure that the distance of the school from the residence of the child should be such as to accommodate at least one private unaided school,” the court said, adding that in practice it would be difficult to impose a rigid distance limit.The bench also asked the state to place on record data regarding establishment of neighbourhood schools under Section 6 of the RTE Act, noting that the govt was obligated to establish such schools within 3 years of the law coming into force.The court observed that the absence of schools within a 1-kilometre radius in some areas suggested a possible failure of the state to meet that statutory obligation.
