Court deems Maharashtra's government resolution unconstitutional, mandating inclusive education access beyond proximity constraints.
In a landmark judgment, the Bombay High Court's Nagpur Bench has declared the imposition of a 1 Km territorial ceiling for school admissions under Section 12(1)(c) of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) as unconstitutional. The court ruled that such limitations are violative of Articles 14, 21A, and 46 of the Indian Constitution, which guarantee equality, the right to education, and the promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes, and other weaker sections, respectively.
The Public Interest Litigation, filed by Mr. Ashish Chaman Fulzele and others, challenged the clauses of a government resolution dated 12th February 2026. These clauses imposed a rigid 1 Km territorial limit on the implementation of Section 12(1)(c) of the RTE Act, which mandates a 25% reservation in private unaided schools for children from disadvantaged groups.
The court, led by Justices Anil L. Pansare and Nivedita P. Mehta, emphasized that the obligation to reserve 25% of seats in private unaided schools is absolute and cannot be diluted by proximity conditions. The judgment underscored that Section 12(1)(c) of the RTE Act operates independently and should not be restricted by subordinate legislation.
The court's decision highlighted that the arbitrary imposition of territorial limits lacks a rational nexus to the objectives of the RTE Act and undermines its inclusive education framework by segregating children based on school type rather than prioritizing neighborhood access. Furthermore, the court pointed out that the responsibility to provide free and compulsory education extends to children from disadvantaged groups, even if private unaided schools are not located within the prescribed proximity.
In response to the court's ruling, the Maharashtra government extended the proximity criteria from 1 Km to 3 Kms and extended the date for application submissions to 18th March 2026. However, the court insisted that the respondents should ensure that the distance from the residence to the school should accommodate at least one private unaided school, thereby removing any distance limitation for such admissions.
The court also condemned the petitioners for submitting misleading documents, imposing a cost of Rs. 25,000 on them for attempting to mislead the court.
This decision reaffirms the judiciary's commitment to upholding the rights of children to accessible education, ensuring that statutory mandates are not circumvented by arbitrary government resolutions.
Bottom Line:
Imposing rigid territorial limits for admission under Section 12(1)(c) of the Right of Children to Free and Compulsory Education Act, 2009 is violative of the Act's provisions and Articles 14, 21A, and 46 of the Constitution of India.
Statutory provision(s): Articles 14, 21A, 46 of the Constitution of India, Right of Children to Free and Compulsory Education Act, 2009 Sections 6, 12(1)(c), Maharashtra Right of Children to Free and Compulsory Education Rules, 2011.
