Nagpur High Court Halts Maharashtra's 1-Kilometre RTE Admission Rule
In a significant legal development, the Nagpur bench of the Bombay High Court has imposed a stay on the controversial 1-kilometre distance restriction for admissions to schools under the Right to Education (RTE) quota. The court delivered this interim order on Monday, dealing a notable setback to the Maharashtra state government's education policy.
Court Questions Consistency with RTE Act
A division bench comprising Justices Anil Pansare and Nivedita Mehta observed that the distance condition appears fundamentally inconsistent with the statutory framework of the RTE law. The judges noted during proceedings that the restrictions imposed through the government resolution prima facie conflict with constitutional guarantees under Articles 14, 21, and 21A of the Indian Constitution.
The court has formally issued notice to the Maharashtra government, seeking its detailed response to the legal challenge. The matter has been scheduled for further hearing on March 10, 2026, allowing both parties time to prepare their arguments.
Legal Challenge by Social Activists
The public interest litigation (PIL) was filed by multiple social activists from Nagpur and Chandrapur districts, including Ashish Fulzele, Aniket Kuttarmare, Vaibhav Kamble, Shankar Atram, and Karishma Bangde. These petitioners argued that the new rule introduced through a government resolution dated February 12, 2026, imposed "unjust restrictions on children's rights" and undermined the core objectives of the RTE Act.
Senior advocate Jayna Kothari, supported by advocates Payal Gaikwad and Deepankar Kamble, represented the petitioners before the court. Their legal team presented compelling arguments about how the restriction violated statutory provisions.
Specific Grievances Against Admission System
The petitioners highlighted several operational issues with the state's digital admission portal:
- The system only displayed schools located within 1-kilometre of a child's residence, severely limiting options
- Parents were prevented from shifting GPS markers beyond the 1-kilometre radius during address registration
- If parents declined a school allocation through the system, they received no alternative selection opportunities
These technical restrictions effectively created an artificial barrier that contradicted the RTE Act's mandate for private unaided non-minority schools to reserve 25% of seats for children from economically weaker sections and disadvantaged groups under Section 12(1)(c).
Court's Interim Directions
Pending further consideration of the case, the bench has taken decisive action:
- Stayed the operation of the 1-kilometre restriction entirely
- Directed state authorities to implement necessary changes to the online admission system
- Clarified that admission procedures must fully comply with statutory RTE provisions
The court emphasized that the admission process must be conducted strictly in accordance with the law, ensuring that technical systems do not create barriers that the legislation itself does not prescribe. The RTE Act notably contains no maximum distance limitations for school applications, making the state's restriction particularly problematic from a legal standpoint.
This interim order represents a significant victory for education rights advocates and could potentially reshape admission procedures for thousands of students across Maharashtra seeking entry under the RTE quota system.
