Pune: Maharashtra RTE Amendment Sparks Controversy, AAP Parents Union Appeals for Reversal

Pune, 2nd March 2024: In response to numerous challenges, complaints, and objections raised by concerned parents of economically disadvantaged students attending private schools, the AAP Parents Union has taken a decisive step. They have submitted a formal complaint letter to both the Maharashtra State Commission for Protection of Child Rights and the Maharashtra Ministry of School Education, urging the immediate withdrawal of the recent amendment to the Right to Education (RTE) Act (notification dated February 24, 9).

The Right to Education Act, of 2009, mandates the reservation of 25% of seats in private schools for children from underprivileged and weaker sections. This allocation is typically determined through an online application process, with admission granted through a lottery system.

However, the recent government reform order (dated February 24, 9) introduced a significant change. It stipulates that private unaided schools situated within a 1-kilometre radius of classical schools and aided schools will not be eligible for reserved admissions. Given the expanding geographical reach of Pune City and the presence of government and subsidized schools in all areas, this amendment effectively eliminates the possibility of RTE admissions in private schools. The AAP Parents Union contends that this amendment poses a hindrance to the educational opportunities of deserving students and calls for its prompt withdrawal.

Private unaided institutions in Rajasthan had previously taken their concerns to the Supreme Court, leading to a landmark judgment delivered in March 2012 by a three-judge bench. The key points of this Supreme Court ruling, especially about the reservation of 25 % seats, are crucial and outlined below:

1. The Supreme Court highlighted that whether the government educates economically disadvantaged children in government schools or private schools, the financial burden on the government remains approximately the same, at around Rs 17 thousand per student per year.

2. The RTE Act is founded on the principles of creating a just and humane society through values such as equality, social justice, and democracy. The provision for the reservation of at least 25% of seats in unaided private schools is deemed unconditional and mandatory.

3. Emphasizing inclusive education, the Supreme Court stressed the importance of socialization in a shared classroom environment for children from diverse backgrounds. This holds even for unaided private schools, contributing to social balance by including students from weaker and disadvantaged groups.

4. The obligation of private unaided schools to admit 25% of children from disadvantaged and weaker sections, on a non-profit basis, was regarded by the Supreme Court as a ‘reasonable restriction’ on their commercial freedom.

5. The Supreme Court underscored the significance of providing equal opportunities in education to strengthen the social fabric of democracy. Universal primary education for children from weaker and disadvantaged groups is seen as a means of achieving this goal.

6. The Court emphasized that merely providing schools in proximity to a child’s residence is insufficient; the schools must also offer good quality education. Numerous surveys have revealed the dire condition of many government schools in this context.

Considering these aspects, the recent amendment to the RTE Act is seen as a violation of the Supreme Court’s order. The AAP Parents Union, represented by Mukund Kirdat, has called for the immediate withdrawal of the Maharashtra government’s amendment (notification dated February 24, 9). Kirdat stated that failing this, the AAP Parents Union will explore other legal avenues to seek justice for affected parents.