The Bombay High Court has directed the Maharashtra government to remove the distance limit imposed for admissions under the Right of Children to Free and Compulsory Education Act, 2009. The court said that such limits could go against the objective of Section 12(1)(c) of the Act.

This direction came while a division bench of Justice Anil L. Pansare and Justice Nivedita P. Mehta was hearing a public interest litigation challenging certain clauses of a Government Resolution dated 12 February 2026. The resolution had set a strict 1-kilometre distance limit for giving 25% reservation to children from weaker sections in private unaided schools under the RTE Act.

Right to Education Explained

In its earlier order, the Court had highlighted that Article 21A of the Constitution guarantees free and compulsory education to children aged between 6 and 14 years. The RTE Act was enacted to provide this right, and Section 12(1)(c) mandates that private unaided schools reserve at least 25% of seats in Class I for children from disadvantaged groups and weaker sections, providing them free education.

During the hearing, the State told the Court that it had decided to increase the distance limit from 1 kilometre to 3 kilometres and had also extended the deadline for submitting applications under the RTE admission process. But the Court said that even this new limit could still make it difficult for some children to get access.

Court on School Availability:

The Court held that to achieve the purpose of the RTE Act, the distance rule should ensure that at least one private unaided school is available. It also said that if the number of applications exceeds 25% of the available seats in a particular school, the distance limit may need to be increased so that children can get admission in another private unaided school.

No Distance Limit Needed:

The Court further said that since such a system is not practical, the State should not fix any distance limit for admission in private unaided schools. It pointed out that the same problem seen with a 1 km limit could also happen with a 3 km limit.

“… at some places, there is no school available within the distance of 1 Km., which in a way suggest failure of respondent – State to establish school in terms of Section 6 of the RTE Act and, therefore, the criteria of 1 Km. ought not to have been imposed. Similar could be situation for 3 Kms,” the Court observed.

On 12.03.2026, the court directed the State government to revise its policy and remove the distance restriction for admissions in private unaided schools under the RTE Act.

Compliance by State

Subsequently, in its order dated 17th March 2026, the Court noted that, in line with its earlier orders dated 12.03.2026 and 16.03.2026, the Respondents had taken the necessary steps to remove the distance restriction for seeking admission in private unaided schools under the RTE Act.

Accordingly, the Public Interest Litigation was disposed of.

Case Details: Ashish Chaman Fulzele and Ors. Vs State of Maharashtra and Ors. (Public Interest Litigation No. 17/2026)