The Maharashtra government on Monday informed the Bombay High Court that the last date for submitting online applications for admissions under Right To Education (RTE) Act will be extended to May 10. The last date for submission of the forms was Tuesday (April 30).
The state government made the submission while responding to a writ plea that challenged its February 9 notification. Through an impugned decision, it amended rules under RTE Act declaring that private schools having a government-run school within 1-km area will not be obligated to admit children under the RTE quota.
A division bench of Justices Atul S Chandurkar and Jitendra Jain was hearing a plea by 17 persons including members of management of aided schools and parents belonging to socio-economically backward classes.
The plea also sought direction to the state government to modify the list of eligible schools displayed on state’s “RTE 25 % Admission portal” to include all private, unaided schools so that the parents can apply for their children’s admission for academic year 2024-25.
Appearing for the petitioners, senior advocate Gayatri Singh argued that the notification be stayed as it was contrary to RTE Act that provides quota at municipal schools, aided schools and private unaided schools.
She added that due to the government’s decision, several needy students are unable to seek admissions and while last year nearly 5 lakh students had applied through RTE, this year the number so far was less than 50, 000.
She sought interim relief since the last date for submission of online forms was April 30.
However, a government lawyer, on instructions from the officials of the department concerned, informed the bench that there were more pleas pending before the Nagpur and Aurangabad bench of the HC along with another PIL before the principal seat in Mumbai.
She submitted that the last date for submitting online applications for admissions will be extended by ten days, which the bench recorded and posted further hearing of the pleas to May 8.
On April 24, the Nagpur bench of the HC led by Justice Nitin W Sambre had heard a PIL challenging the notification. The petitioner had claimed the term “school” under the Right of Children to Free and Compulsory Education Act, 2009, included an unaided school not receiving any aid or grants to meet its expenses from government or local authority.
The petitioner Vaibhav Kamble claimed that unless unaided schools are taken out of ambit of the definition of the school in the law, the notification is contrary to the same.
The bench had found “substance” in the submission related to the definition of school under the 2019 Act and had posted hearing to May 8