Why in the News?

The Bombay High Court has cancelled the Maharashtra government’s new rule that allowed private schools within 1 kilometer of government or government-aided schools to avoid reserving 25% of their seats for students from weaker sections and disadvantaged groups.

Right to Education (RTE) Act: Overview

• The Right to Education (RTE) Act, 2009 ensures free and compulsory education as fundamental right under Article 21A of the Indian Constitution.
• It mandates that every child has the right to full-time elementary education of satisfactory and equitable quality in a formal school that meets certain essential norms and standards.
• Key Provisions:
  • The RTE Act provides for free and compulsory education for all children between 6 and 14 years.
  • Schools must be available within a prescribed distance from the child’s residence to ensure accessibility.
  • The Act ensures the provision of adequate teachers and the establishment of standards for their training and quality.
• Teacher Qualification: The teacher must pass the Teacher Eligibility Test (TET), which is administered by the respective government authority. The National Council for Teacher Education (NCTE) has established the minimum qualifications required for a person to be eligible for appointment as a teacher for classes I to VIII.
• The RTE Act does NOT apply to Minority institutions.

Section 12(1) (C) of the RTE Act:

• Section 12(1) (C) requires private unaided and specified category schools to reserve at least 25% seats for children from economically weaker sections and disadvantaged groups.
• This provision aims to promote social inclusion and ensure that children from all backgrounds have access to quality education.
• The government reimburses schools for the expenses incurred for admitting these children, based on per-child expenditure incurred by the state.
• Children from economically weaker sections and disadvantaged groups benefit from this Section as it provides them access to private schooling.
• This section aims to contest education apartheid and bring parity and equality of opportunity for all children.

Details of the Exemption Rule in Maharashtra

• The notification stated that private unaided schools within one kilometer of a government or government-aided school would not need to reserve 25% of seats for socio-economically backward students.
• Students in these areas would first be considered for admission to nearby government or government-aided schools.
• The exemption also applied to future private schools established within a one-kilometer radius of government or government-aided schools.
• If no such schools existed in the vicinity, private schools would be identified for RTE admissions.

Similar Exemptions in Other States

• Maharashtra joined Karnataka and Kerala in implementing this regime to exempt private schools from RTE admissions.
• Karnataka introduced the rule in December 2018, referencing Kerala’s rules introduced in 2011.
• In Kerala, the fee concession is available to RTE quota students only if there are no government or aided schools within one kilometer for Class 1 students.

Reasons for Introducing Exemptions

• Karnataka’s Law Minister stated in 2018 that the primary intention of RTE is to provide education to all classes of students.
• Allowing parents to admit children to private schools despite nearby government schools resulted in a drop in enrollment ratios in government schools.

• Private schools and teachers’ organizations highlighted that state governments often failed to reimburse fees for students admitted through the RTE quota.
  • Section 12(2) of the RTE Act binds state governments to reimburse expenses incurred by schools per child or the fee amount, whichever is less.
  • In Maharashtra, the Maharashtra English School Trustees Association (MESTA) threatened to boycott RTE admissions last December due to pending reimbursements of Rs 1,800 crore.

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