Legal Challenge Against Amendment To Right To Education Act In Bombay High Court

A second legal petition has been filed against an amendment to the Right to Education (RTE) Act by the state government. The petition, submitted to the Bombay High Court, argues that the amendment infringes on children’s right to education by affecting admissions to 25% of reserved seats in private schools.

Sharad Javadekar, the working president of Akhil Bharatiya Samajwadi Shikshan Sabha, stated, “This lawsuit, joined by two groups from Pune and Nagpur, aims to suspend and ultimately reverse the recent changes made on February 9, 2024. We want the previous system of reserving 25% of seats in unaided schools to continue.” The case is set to be heard on May 8.

Javadekar emphasized the importance of diverse groups of children learning together, a concept supported by the Union Ministry of Education. This approach, often referred to as ‘inclusive education’, aims to maximize the development of all students’ abilities.

The February amendment has led to discontent among various stakeholders, including parents from different cities. Shivaji Talware, Rahul Bansod, and Sandeep Patil, who are also plaintiffs in the case, believe that the 25% reservation under RTE aligns with constitutional values of fraternity, social justice, and equal opportunity. Bansod highlighted that quality education should be a commitment upheld by all schools, not just government-funded ones.

The petitioners argue that the amendment does not only challenge the educational rights of underprivileged children but also contradicts the fundamental principles of equality enshrined in the Constitution. The outcome of this legal challenge could influence educational opportunities for many children across the state.