Bombay HC Issues Notice To Maharashtra Govt Over 1-Km Limit Rule For RTE Admissions

Mumbai, March 6: The Nagpur bench of the Bombay High Court has issued notice to the Government of Maharashtra and the state School Education Department over a petition challenging a new rule restricting admissions under the Right to Education (RTE) quota to schools located within a one-kilometre radius of a child’s residence.

Court issues notice on petition

A bench of Justices Anil Kilor and Raj Wakode issued the notice on March 5 while hearing a petition filed by Chandrapur resident Shankar Baburao Atram.

Petitioner challenges admission restriction

The petitioner, who belongs to the Scheduled Tribe community, approached the court after he was unable to apply for admission of his son under the 25 per cent quota mandated by the Right of Children to Free and Compulsory Education Act, 2009.

According to the petition, no eligible private school was available within one kilometre of his residence, making it impossible for him to submit an application under the newly introduced rule.

Government resolution introduced in February

In February 2026, the Maharashtra government issued a Government Resolution restricting RTE admissions to schools located within a one-kilometre radius of a student’s home. Earlier, parents could apply to schools located up to three kilometres or more away.

The RTE Act mandates that private unaided schools reserve 25 per cent of seats at the entry level for children from economically and socially disadvantaged backgrounds.

Petitioner cites earlier High Court ruling

The petitioner’s advocate submitted a High Court judgment dated July 19, 2024, in a public interest litigation filed by Akhil Bharatiya Samajwadi Adhyapak Sabha and others, where the court held that Section 12(1)(c) of the RTE Act does not impose any distance-based restriction on admissions under the 25 per cent quota.

Next hearing on March 9

Taking note of the submissions, the bench issued notice to the state authorities and kept the matter for further hearing on March 9.

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RTE rules face repeated legal scrutiny

This is the second time in two years that Maharashtra’s RTE-related rules have faced legal scrutiny. In 2024, the High Court had struck down a state notification that exempted private schools located within one kilometre of a government or aided school from granting RTE admissions, holding the move to be against public interest.

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