The Right of Children to Free and Compulsory Education Act or Right to Education Act, 2009 is a significant step in India’s pursuit of universal education. Enshrining the right to education as a fundamental right, and the RTE mandates free and compulsory education for all children between the ages of 6 and 14. 

Apart from its significant delay and issues at the level of conceptualisation, various concerns regarding the implementation of the act have come to the forefront. These include inadequate infrastructure and resources in government schools, teacher shortages impacting education quality, and inequalities in educational standards across urban and rural regions and between public and private institutions. 

These challenges are further exacerbated by weak monitoring systems, hindrances faced by marginalised communities in accessing education, financial constraints on states, legal and bureaucratic hurdles to enforcement, and instances of discrimination against students enrolled in private schools under RTE provisions.

In addition to these continuing concerns, it becomes imperative to examine the shifting dynamics of the RTE rules and its impact on educational equity. The recent amendment to RTE rules by the Maharashtra state government regarding the provision of 25 percent reservation for weaker sections in private unaided schools serves as a pertinent case in point. 

The attention drawn to the amendment through numerous news reports has triggered discussions regarding exclusion and inequality in access to education. The amendment concerns private English medium schools within a 1‑kilometre radius of government or government-aided schools. 

Under the new provision, these private schools are not obligated to participate in RTE admissions, effectively denying admission to children from socio-economic weaker sections residing nearby. While the government’s intent may be to strengthen the enrolment in government and aided schools, critics argue that this move could inadvertently perpetuate socio-economic biases and curtail the educational choices available to marginalised communities. 

By prioritising proximity to government schools over parental preferences for English medium education, the amendment risks undermining the principles of inclusivity and equal opportunity enshrined in the RTE. 

Other states have also implemented similar measures to those recently adopted by Maharashtra. For instance, Kerala modified its RTE rules in 2011 introducing a criterion where fee concessions are granted only if no government or aided schools are within walking distance.

According to the Karnataka amendment in 2018, the Karnataka government expanded the definition of ​‘neighbourhood schools’ to include government and aided schools, a classification previously reserved solely for private schools. Under this amendment, admission of a child to a private school under the RTE quota is permitted only if there are no government or aided schools in the vicinity. 

It is reported that this resulted in the significant decrease of RTE seats and in interest in admissions through the RTE quota. Despite High Court of Karnataka upholding the legal validity of the amendment, the matter is still under consideration in the Supreme Court.

Maharashtra government has justified the amendment by arguing that they aim to address the drastic drop in enrolment ratios in government schools, caused by parents choosing private schools despite the availability of nearby government schools. The government emphasises the need to draw students back to government schools. Private schools too have welcomed the move, while parents and educationists have expressed concerns about potential deprivation of equitable quality education for children from marginalised backgrounds.

From its inception, the 25 percent reservation under the RTE quota in private schools for disadvantaged groups and weaker sections has faced criticism for its perceived facilitation of privatisation and state withdrawal from education. 

Currently, enrolment percentages under RTE quota in available seats in private schools are already dismal; removing existing schools from the list would further exacerbate the decline in the number of students gaining admission to these private schools. Initial resistance to admitting children from poor socio-economic backgrounds into private schools, particularly elite international ones, has been based on concerns about social integration between privileged and underprivileged students, fears of declining academic standards, and potential economic repercussions. 

The current amendment seemingly reinforces these apprehensions and aims to maintain the status quo by relegating the marginalised to government schools. Opposition to the amendment from educationists does not primarily stem from the assumption that private schools inherently offer superior education or that English medium instruction is more advantageous.

In fact, many studies have shown the contrary. The main concern lies in the potential dilution of the provisions of the RTE, which aim to facilitate access to equitable quality school education for marginalised learners. This dilution could further widen existing disparities in education access especially when quality of government schools is not seriously addressed. 

Some private schools in Maharashtra have even refused RTE admissions, preferring to keep seats vacant rather than bear the expenses without reimbursement. The pending reimbursements, estimated at around INR 1500 – 2000 crore according to some news reports, have fuelled discontent among school administrators. 

This situation highlights the challenge of enforcing RTE provisions without adequate financial support from the government. The exemption from RTE admissions for private schools within a 1 kilometre- radius of government or aided schools is expected to persist for future establishments as well. Private schools will likely exploit this provision to avoid RTE admissions. It is crucial to recognise that merely increasing enrolment in government schools without enhancing their quality will not lead to equitable educational access. Improving the standards of government schools is imperative to ensure that all children, regardless of their socio-economic backgrounds, have access to quality education.

Another contentious issue regarding RTE admissions has emerged in Maharashtra, particularly in Pune, where some schools have intended to remove students admitted under the RTE after they complete Class 8. The government has issued a circular stating that schools cannot expel RTE students after Class 8 if parents are willing to pay the fees and the students desire to continue their education there. 

The central issue is that under the RTE, the government only provides fee reimbursements to schools up to Class 8. As a result, students admitted under RTE are forced to seek admission to another school after completing Class 8. In places like Bengaluru too many students enrolled under the RTE quota have faced the struggle of paying exorbitant amounts of school fees.

While this note has emphasised challenges to the RTE concerning its relationality with private schools, various issues challenge the spirit of the act, such as the recent discussions in many states regarding board exams in lower classes. These changing dynamics possess larger implications for education policy in India. 

Issues such as reimbursement delays, school expulsions and discrimination faced by children, and the removal of private schools from the ambit of the RTE mandate are not merely arbitrary interventions by the state; instead, they are shaped by larger structural contexts of educational inclusion in India. 

Moving ahead, it is essential to adopt strategies that prioritise both the quality of government schools and the safeguarding of the rights of all learners to equitable quality education.

About the Author

Vijitha Rajan is a faculty member at Azim Premji University. Her interests lie in understanding the educational exclusion of migrant children and foregrounding the discord between mobile childhoods and immobile schools in the Indian context.