Nagpur: In a significant and reassuring development for parents across Nagpur and the state, the Maharashtra Government has made it clear before the Nagpur Bench of the Bombay High Court that no eligible child will be deprived of admission under the Right of Children to Free and Compulsory Education (RTE) Act, 2009, merely due to distance restrictions.
Responding to concerns raised in a Public Interest Litigation (PIL), the state informed the court that while the existing framework prioritizes admissions in private unaided schools within a 3-kilometre radius of a child’s residence, students who fail to secure seats within this limit will now be accommodated in schools located beyond it. This assurance effectively removes a major hurdle that had left many parents anxious about their children’s educational prospects.
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The clarification was submitted through an official communication issued by the Director of Education (Primary), Maharashtra State, Pune, and presented by Additional Government Pleader Shishir Uike. According to the state’s submission, nearly 95% to 97% of eligible students are expected to secure admissions within the 3-km radius itself. However, for the remaining students, the government has committed to ensuring placements in schools outside the prescribed distance, thereby widening access and ensuring inclusivity.
The division bench comprising Justices Anil Pansare and Nivedita Mehta took the communication on record but pointed out that it appeared inconsistent with the court’s earlier directive dated March 12, wherein authorities were asked to remove rigid distance restrictions altogether. The bench emphasized that the true objective of the RTE Act is to guarantee education to every child and that such goals cannot be achieved through inflexible criteria.
The court further directed the authorities to strictly act in accordance with both the provisions of the RTE Act and its earlier orders. It also underlined that imposing a rigid distance cap may not be practical in ensuring universal access, especially in urban areas where school distribution is uneven.
During the hearing, the petitioners’ counsel, Dipankar Kamble, along with senior advocate Jayna Kothari and other lawyers, tendered an apology for not earlier presenting certain crucial documents, which had led to the imposition of costs of Rs 25,000. The court accepted the apology after being informed that the amount would be deposited as directed.
Another concern highlighted during the proceedings was the delay in opening the RTE admission portal. Taking serious note of this, the bench directed the government to initiate immediate corrective steps so that parents and students are not further inconvenienced.
The matter has been posted for further hearing on March 17 at 2:30 pm, with the state expected to file its reply to an intervention application. The court has also asked the government to place on record detailed data regarding the establishment of neighbourhood schools as mandated under Section 6 of the RTE Act, which requires such schools to be set up within a stipulated time frame.
Earlier, the state had extended the neighbourhood distance criterion from 1 km to 3 km and pushed the application deadline to March 18. However, the court observed that merely extending the limit may not fully resolve the issue unless the broader objective of ensuring at least one accessible private school for every child is achieved.
Overall, the development has brought a wave of relief among parents, as the government’s assurance signals a more flexible and child-centric approach. With distance no longer a strict barrier, the path to securing quality education under the RTE quota now appears far more accessible and inclusive.
