The Nagpur Bench of the Bombay High Court on Monday directed the Maharashtra government to remove the distance restriction imposed on admissions under the Right to Education (RTE) Act and to immediately activate the admission portal.
The order was passed by a division bench of Justice Anil Pansare and Justice Nivedita Mehta while hearing a Public Interest Litigation filed by Ashish Fulzele and others.
During the hearing, petitioners’ counsel informed the court that the RTE admission portal had still not been opened. Taking note of the delay, the bench instructed the authorities to take corrective steps and make the portal functional without further delay. The matter has been scheduled for further hearing on March 17.
The court also made important oral observations, noting that students admitted under the RTE scheme often feel a sense of exclusion in classrooms. It stressed the need to bridge this social gap, stating that the true spirit of the law lies in acceptance and inclusivity, which must be fostered through conscious efforts.
The bench accepted the apology of the petitioners’ counsel for earlier failing to highlight certain documents, which had led to a cost of ₹25,000 being imposed. The counsel assured the court that the amount would be deposited as directed.
Additionally, the court took on record a communication submitted by the Additional Government Pleader from the Director of Education (Primary), Maharashtra, Pune. The communication stated that applying the 3-km distance criterion would enable nearly 95–97% of students to secure admission in private unaided schools, while the remaining students would be accommodated in schools located beyond the specified radius.
However, the bench expressed dissatisfaction with this submission, observing that it contradicted its earlier order dated March 12, which had clearly directed the removal of the distance restriction. The court reiterated that the authorities must comply with the provisions of the RTE Act, 2009, as well as its prior directions.
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