Distance Bar For RTE Admissions In Private Schools Defeats Purpose Of Act: Bombay High Court Tells State To Scrap Limit

The Bombay High Court has directed the Maharashtra government to remove the distance limit imposed for admissions under the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act), observing that such restrictions may defeat the purpose of provision under Section 12(1)(c) of the RTE Act.A division bench of Justices Anil L. Pansare and Nivedita P. Mehta was hearing a public interest litigation challenging clauses of a Government Resolution dated 12 February 2026 that imposed a rigid 1-kilometre limit while implementing the 25% reservation for children from weaker sections in private unaided schools under Section 12(1)(c) of the RTE Act.In its previous order, the Court had noted that Article 21A of the Constitution guarantees free and compulsory education to children between the ages of 6 and 14 years. The RTE Act was enacted to implement this right, and Section 12(1)(c) specifically requires private unaided schools to reserve at least 25% of seats in Class I for children from disadvantaged groups and weaker sections and provide them free education.The State government informed the Court that it had decided to extend the distance limit from 1 kilometre to 3 kilometres and had also extended the last date for filing applications under the RTE admission process. However, the Court observed that even such a limit could still restrict access in many cases.The Court held that if the purpose of the RTE Act is to be achieved, the distance of the school from the residence of the child should be such as to accommodate at least one private unaided school, and if the number of applications for admission in private unaided school is more than 25% of the strength of that Class in a particular school, the distance should be suitably extended to accommodate another private unaided school.The Court observed that since such an arrangement is practically impossible, the State should not put a limit of distance for admission in private unaided school. It emphasized that the situation that has arisen in case of prescribing a distance of 1 Km could well arise in case of a distance of 3 Km. “… at some places, there is no school available within the distance of 1 Km., which in a way suggest failure of respondent – State to establish school in terms of Section 6 of the RTE Act and, therefore, the criteria of 1 Km. ought not to have been imposed. Similar could be situation for 3 Kms,” the Court observed. Accordingly, the Court directed the State government to modify the policy and remove the distance restriction for admissions in private unaided schools under the RTE Act.Case Title: Ashish Chaman Fulzele & Ors. v. State of Maharashtra & Ors. [Public Interest Litigation No. 17 of 2026]Click Here To Read/Download Order

Distance Bar For RTE Admissions In Private Schools Defeats Purpose Of Act: Bombay High Court Tells State To Scrap Limit

Saksham Vaishya

Tags