Bombay High Court Scrutinizes Maharashtra's 1km Limit for RTE Admissions
The Nagpur Bench of the Bombay High Court has taken a significant step by issuing a formal notice to the Maharashtra state government. This action follows the filing of multiple Public Interest Litigations (PILs) that challenge a newly introduced rule restricting admissions under the Right to Education (RTE) Act. The contentious regulation limits students to applying only to schools located within a 1-kilometer radius of their residence, a reduction from the previous 3-kilometer limit.
Legal Challenge and Court Proceedings
A division bench comprising Justices Anil Kilor and Raj Wakode directed the government to file its response by March 9. The petitioners, represented by lawyers Bodhi Ramteke and Deepak Chatap, argued that this restriction is "arbitrary, illegal, and unconstitutional". They contend that it undermines the fundamental purpose of the RTE Act, which aims to provide free and compulsory education to children from socially, educationally, and economically weaker sections.
The PILs were filed by social activists including Ashish Fulzhele, Aniket Kuttarmare, and Vaibhav Kamble from Nagpur, along with Shankar Atram and Karishma Bangde from Chandrapur. They assert that the new rule imposes "unjust restrictions on children's rights" and could deprive many disadvantaged children of access to quality education in private schools.
Impact of the 1km Radius Rule
Under the Right of Children to Free and Compulsory Education Act, 2009, private unaided and non-minority schools are mandated to reserve 25% of their seats for children from weaker sections. However, a government resolution dated February 12 introduced the 1km condition, replacing the earlier 3km limit. The petitioners highlight that the Act itself does not prescribe any maximum distance for such admissions.
The state's online admission portal uses Google Maps-based location tracking, which does not allow the GPS marker to be moved beyond a 1-kilometer radius when entering a residential address. Consequently, only schools within this limited zone appear in the application list, and the lottery-based allotment process is conducted within the same range. This system effectively prevents parents from applying to institutions beyond the radius, even if they offer better educational opportunities.
Broader Educational Concerns
Petitioners pointed out that many government and Zilla Parishad schools across Maharashtra suffer from shortages of teachers and basic infrastructure. This has led parents to prefer private schools for quality education. The new rule, they argue, could particularly harm children in rural and tribal areas, preventing them from benefiting from the 25% reservation under the RTE law.
Furthermore, the petition states that if parents decline the allotted school, they are not given another opportunity to apply, making the restriction especially burdensome for families seeking better options. The matter is urgent as it relates to the admission process for the 2026–27 academic year.
Next Steps and Implications
The Bench has posted the matter for further hearing after directing the state government to place its response on record. This legal scrutiny could have far-reaching implications for education policy in Maharashtra, potentially affecting thousands of children's access to quality schooling. The outcome may set a precedent for how RTE admissions are managed across the state, emphasizing the need to balance logistical constraints with the Act's goal of equitable education.
