Activists take Maharashtra government to court over 26,000 vacant RTE seats

Legal notice demands timely admissions to schools; activists warn of PIL if delays persist; in the 2024-25 academic year alone, 26,000 seats remained vacant under RTE provisions, exacerbating concerns over the department’s handling of the admissions process

Following consecutive years of vacant seats under the Right to Education (RTE) admissions, an educational organisation has taken legal steps against the state’s education authorities. In response to a legal notice sent by the Maharashtra State Students, Parents, and Teachers Federation, the State Commission for Child Rights has directed the State Director of Education to complete the RTE admission process for the academic year 2025-26 by May 2025 and submit a report on the matter. In the 2024-25 academic year alone, 26,000 seats remained vacant under RTE provisions, exacerbating concerns over the department’s handling of the admissions process.

Under the Right of Children to Free and Compulsory Education Act, the Maharashtra State Students, Parents, and Teachers Federation, led by activist Nitin Dalvi, has announced plans to move the Bombay High Court against the Education Department and its officials for alleged negligence in executing the RTE admission process. Dalvi has accused the authorities of allowing thousands of reserved seats in private schools to remain vacant over the past few years, depriving underprivileged students of their fundamental right to education.

“We have been following this issue for the past three to four years, but the education department has failed to devise a concrete solution. Instead, their negligence has worsened. To address this, we have sent a legal notice through advocate Vikram Mane, demanding that the RTE admission process for the 2025-26 academic year be completed by May 2025. If the department fails to do so, we will file a petition in the high court against the primary education director, the principal secretary of the School Education Department, and the education commissioner for violating underprivileged students’ right to free education,” Dalvi told mid-day. 

Acknowledging the concerns raised, the Maharashtra State Child Rights Commission has directed the primary education director to ensure the timely completion of the admission process and submit a report. A copy of the directive has also been sent to the education commissioner for necessary action. 

Implementation failures?

The Right of Children to Free and Compulsory Education Act mandates that 25 per cent of seats in private schools be reserved for students from economically weaker sections. However, activists argue that this provision has faced severe setbacks in Maharashtra. The RTE admission process, managed by the Brihanmumbai Municipal Corporation (BMC) through an online portal, has seen repeated delays in recent years. The 2023-24 academic year saw the admission process extend until August 2023, leaving 11,821 out of 94,700 seats unfilled. 

According to Dalvi, poor parents eagerly await the RTE admission lottery results in May each year. However, due to the uncertainty of the results, many parents opt to pay private school fees in June to avoid losing an academic year. “Despite their legal right to free education, these financially struggling parents end up paying school fees for eight years, from Grade 1 to Grade 8. This defeats the very purpose of the RTE Act, and the Education Department must be held accountable,” he said.  

In an attempt to prevent similar issues in 2024-25, Dalvi had previously filed a complaint with the Maharashtra State Child Rights Commission and held discussions with its chairperson. Following this, the commission instructed the primary education director in Pune to provide a detailed report on vacant seats and outline preventive measures. However, according to Dalvi, neither Primary Education Director Sharad Gosavi nor the education commissioner responded to the directive, further highlighting their indifference.

According to Dalvi, poor parents eagerly await the RTE admission lottery results in May each year. However, due to the uncertainty of the results, many parents opt to pay private school fees in June to avoid losing an academic year. “Despite their legal right to free education, these financially struggling parents end up paying school fees for eight years, from Grade 1 to Grade 8. This defeats the very purpose of the RTE Act, and the Education Department must be held accountable,” he said.

Legal pushback

Dalvi and other activists have also alleged that instead of resolving delays, the government attempted to amend the RTE Act in a way that favoured private schools. According to the proposed amendment, if a permanently unaided private school exists within one kilometre of a government or aided school, the latter would be excluded from the RTE admission process. This change would have removed thousands of unaided private schools from the RTE admissions framework, ultimately benefiting private school owners.

Prasad Tulsakar, another federation representative, noted that parent associations and social activists challenged this amendment in the high court, successfully preventing its implementation. “Due to the government’s mismanagement, 26,000 RTE seats remained vacant in the 2024-25 academic year. This reflects a systematic attempt to benefit private schools at the expense of underprivileged students,” Tulsakar said. 

Tulsakar further warned that if the education department fails to fill all allocated RTE seats this year, legal action will be taken. “We have already sent a legal notice and plan to file a PIL against the department. The pursuit of educational equality in Maharashtra hangs in the balance, and we will not allow the government’s inaction to persist,” he said. 

When contacted, an official from the state school education department responded, “The RTE admissions are conducted by BMC. We will speak to the officials concerned and look into the matter.” Meanwhile, Primary Education Director Sharad Gosavi remained unavailable for comment.

"Exciting news! Mid-day is now on WhatsApp Channels Subscribe today by clicking the link and stay updated with the latest news!" Click here!