The Supreme Court on Friday upheld the rights of Economically Weaker Section (EWS) students to access quality education by dismissing a plea that sought to exempt private schools in Maharashtra from admitting EWS students under a mandated quota. The plea contested a Bombay High Court ruling which had struck down a Maharashtra government notification that provided exemptions to private schools from reserving 25% of their seats for EWS students if a government or aided school was located within a one-kilometer radius.
The bench, led by Chief Justice of India D.Y. Chandrachud and comprising Justices J.B. Pardiwala and Manoj Misra, emphasized the importance of integrating students from diverse socioeconomic backgrounds in educational institutions. “Children from the EWS category must attend good schools. When the children studying in these schools interact with EWS students, they will understand what truly the country is,” the Chief Justice remarked, highlighting the broader social benefits of such interactions.
The court criticized the notion that proximity to government or aided schools could serve as a basis for exemption, pointing out that the quality of education offered in private institutions often surpasses that in public ones. “Obligation is not just of the state but everyone who has received benefits of being brought up in this great country to ensure that people who are less fortunate get the benefit of moving ahead on the social ladder,” the bench added.
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The Supreme Court’s decision reinforces the provisions of the Right of Children to Free and Compulsory Education Act, 2009, commonly known as the RTE Act, which mandates that 25% of the seats at the entry level (Class 1 or pre-primary) in private unaided schools must be reserved for children from economically weaker and disadvantaged sections. These students are entitled to free education, with the government reimbursing their tuition fees to the schools.
