Plea in Supreme Court challenges Maharashtra Resolution on school teacher posts

The Supreme Court on January 23 sought the Maharashtra government's response to a plea challenging a Government Resolution (GR) issued by the State that revised the norms on how teaching posts in primary, upper primary and secondary schools are sanctioned [Sindhudurg Zilla Shikshan Sanstha Chalak Mandal, Pandur (Registered) v. State of Maharashtra & Ors].

The plea filed by an association of private educational institutions contends that the GR is contrary to the scheme of the Right to Education Act (RTE), particularly with respect to the class-wise pupil–teacher ratio (PTR) prescribed under the Act. The plea also seeks an interim stay on the operation of the GR.

A Bench of Justices PS Narasimha and Alok Aradhe issued notice in the matter and listed it for further hearing on March 13, 2026.

The plea says that, unlike the RTE Act, the GR does not calculate the pupil–teacher ratio class-wise and instead applies it at the section level.

In other words, the GR treats an entire section - primary, upper primary, or secondary - as a unit for measuring the pupil–teacher ratio instead of doing it class-wise.

In schools where the number of students is not above a certain threshold, there would be only one sanctioned teacher for several classes under the GR, the plea has pointed out.

The association further argues that the State government has no power to amend the Schedule to the RTE Act, contending that such power is vested exclusively in the Central government under Section 20 of the Act.

It has also been submitted that maintaining the pupil–teacher ratio specified in the Schedule is a statutory mandate under Section 25, and any deviation by the State is legally unsustainable.

The petition has further warned that the implementation of the GR could lead to the closure of several small and neighbourhood schools, particularly in rural areas, thereby defeating the object of the RTE Act to ensure access to elementary education.

The association moved the top court for relief after the Bombay High Court dismissed its plea.

“The High Court failed to consider that the impugned GR dated 15.03.2024 has drastic and degrading effects on the object and purpose of the RTE Act, 2009, as the said GR will cause the shutdown of several schools, especially in rural areas, and deprive thousands of children, particularly girl children, which would defeat the very purpose of the RTE Act,” the plea before the top court states.

The petition was filed through Advocate-on-Record (AOR) Ajit Pravin Wagh.

Senior Advocate BH Marlapalle appeared for the petitioner association.