RTE in crisis: 15 years on, free education remains a distant dream

Delayed funds, policy dilution, and legal battles expose Maharashtra’s failure to uphold RTE

As Maharashtra marks 15 years of the Right of Children to Free and Compulsory Education (RTE) Act, major challenges continue to plague its implementation. Enacted on April 1, 2010, the Act aimed to ensure universal education but has since faced multiple controversies and amendments.

To address ongoing issues, the Maharashtra School Education Department recently formed a seven-member committee to review existing RTE regulations and propose necessary modifications. Led by state Education Commissioner Sachindra Pratap Singh, the committee will analyse current rules, recommend reforms, and address pending school fee reimbursement cases in court.

Speaking to mid-day, Singh said, “We recently held our first meeting and are still in the early stages. I have directed experts and committee members to compile a list of key issues affecting RTE implementation. We have also sought feedback from stakeholders. Once this is complete, we will meet again next week to decide our next course of action.” Despite being a landmark law, Singh acknowledged gaps in qualitative implementation while stressing that Maharashtra has made progress in quantitative terms.

Funding delays, legal battles

A major concern is the financial strain on private unaided schools due to delayed reimbursements for RTE admissions. As of early 2025, the government owes over R1800 crore, prompting some schools to consider charging RTE students—threatening the Act’s core promise of free education. Legal challenges have also emerged. In July 2024, the Bombay High Court struck down a government notification exempting private schools near government or aided schools from the RTE quota, declaring it unconstitutional. The Supreme Court upheld this ruling in August 2024, reinforcing private unaided schools’ obligation to reserve 25 per cent of their seats for disadvantaged students.

Experts slam govt

Education activist Hemangi Joshi, convener of the Right To Education Forum, Maharashtra, criticised the gradual dilution of RTE. “Since 2014, the Act’s implementation has weakened. The BJP government favours private institutions over strengthening public education. The National Education Policy (NEP) barely mentions RTE, revealing the government’s lack of commitment,” she said.

Joshi also raised concerns about increasing contractual hiring of teachers, arguing it compromises job security and education quality. She criticised the No Detention Policy, claiming it has lowered academic standards. “Low teacher recruitment, school closures, and contractual hiring are all consequences of this shift,” she added.

RTI activist and former Central Information Commissioner Shailesh Gandhi echoed similar sentiments, lamenting India’s disregard for laws like RTE. “Corruption and lack of enforcement plague our legal system. Despite landmark laws, we consistently fail in implementation. Our global rankings in the Rule of Law Index and Transparency Index reflect this failure,” he remarked.

Schools defying RTE

Prasad Gokhale, convenor of Marathi Shala Aapan Tikavlya Pahijet, pointed out blatant RTE violations, such as schools operating without recognition and denying admissions to eligible students. He stressed the need to prioritise government and state board schools over private institutions.

Nitin Dalvi, of the Maharashtra State Students, Parents, and Teachers Federation, accused successive governments of failing to enforce RTE regulations. “Since 2013, no school has been fined for RTE violations. Hundreds of unauthorised schools continue operating, while government authorities ignore them,” he said. Dalvi also revealed that schools withholding student results and leaving certificates over unpaid fees—a punishable offense under RTE—have faced no penalties.

Vacant seats

Despite the law’s intent, thousands of RTE seats remain unfilled annually. In the 2023-24 academic year, 11,821 out of 94,700 seats were left vacant. In 2024-25, the number rose to 26,000, exposing flaws in the admission process.

Following mounting pressure, the Maharashtra State Commission for Child Rights recently directed the State Education Director to complete RTE admissions for 2025-26 by May 2025 and submit a report.

A ‘defeated Act’

Rajya Sabha MP and former MoS Education Fauzia Khan lamented that RTE’s core principles have been compromised. “The UPA government introduced RTE to ensure education for all children. Today, even after 15 years, many children remain out of school. In government schools, infrastructure and teaching methods have not improved, and students attend primarily for midday meals,” she said.

Khan highlighted the failure of School Management Committees (SMCs), which were meant to uphold RTE at the grassroots level. “Parents are rarely involved in decision-making, further weakening the Act’s impact,” she said.

A retired IAS officer, speaking anonymously, raised concerns about the Act’s implementation, “RTE was celebrated when it came into effect, but implementation became the biggest hurdle—from top education offices to district officials to school management. The lack of seriousness has been evident over the years.” 

Even after 15 years, thousands of quota seats remain unfilled in the state. He added, “Parents seeking EWS quota seats still face the same challenges. Many rural schools lack the required infrastructure, and several schools have failed to get RTE approval. The issues that existed five years after the Act remain the same today. While Maharashtra has introduced effective educational changes recently, if implementation issues persist, they too will fail.” 

Recent data supports these concerns. As of February 2025, over 70,000 RTE seats in Maharashtra’s private schools remain unclaimed, despite 3,05,152 applications for 1,09,087 seats across 8,863 schools. Insufficient funding, poor infrastructure, and a shortage of qualified teachers continue to hinder implementation, especially in rural areas.

Amendments to RTE Act & Rules

Since its introduction in Maharashtra in 2010, the RTE Act has undergone multiple amendments, yet most schools continue to flout its 25 per cent reservation mandate for underprivileged students. 

National-level amendments: 

>> 2012: Exempted Madrasas, Vedic Pathshalas & religious institutions. 

>> 2017: Extended deadline for teachers’ qualifications to March 2019. 

>> 2019: Removed the no-detention policy, allowing states to hold back students in Std V & VIII. 
Maharashtra-specific amendments: 

>> January 2025: New amendments to streamline the 25 per cent admission process; a committee was set up to review regulations. 

>> June 2024: Introduced mandatory exams for Std V & VIII; failing students must retake exams or repeat the year. Enrolment up to Std V remains age-based, but Std VI-VIII now require passing Std V exams. 

>> February 2024: Exempted private unaided schools from the 25 per cent quota if a government/aided school exists within 1 km. Justified as increasing RTE seats in government schools, this amendment was struck down by the Bombay High Court in July 2024.  

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