SC to Review RTE Exemption for Minority Schools
Why in the News ?
The Supreme Court referred to a larger bench the question of whether minority-run educational institutions should be exempted from the Right to Education (RTE) Act, 2009, revisiting its 2014 Pramati Educational Trust ruling that granted them blanket exemption.
Background – The 2014 Pramati Case
- In Pramati Educational and Cultural Trust v. Union of India (2014), a 5-judge SC Bench ruled:
○ Applying RTE Act to minority institutions (aided or unaided) would erode minority character under Article 30(1).
○ Hence, minority institutions were given blanket exemption from RTE.
- Criticism:
○ Led to misuse: many institutions sought minority status to bypass RTE norms.
○ Fragmented the “common school system” vision of inclusivity.
SC’s Present Observations (2025)
- Judges: Justices Dipankar Datta & Manmohan.
- Key Points:
○ Serious doubts if the 2014 Pramati ruling was justified.
○ Exempting minority schools weakens inclusivity and universality of Article 21A.
○ No inherent conflict between Article 21A (Right to Education) and Article 30(1) (Minority Rights); both can co-exist.
○ Section 12(1)(c) reservation:
■ Can be fulfilled by admitting minority children from weaker/disadvantaged groups,
■ Thus preserving minority identity while ensuring social inclusion.
○ Blanket exemption risks turning Article 30(1) into a loophole to escape child-centric regulations.
- On Teacher Eligibility Test (TET):
○ TET is a minimum qualification under RTE, and applies to teachers in minority schools as well.
About RTE Act & Constitutional Provisions :● RTE Act, 2009: ○ Provides free and compulsory education for children aged 6–14 years (Article 21A). ○ Section 12(1)(c): Mandates 25% reservation for children from weaker sections & disadvantaged groups in all private unaided schools. ● Constitutional Provisions in conflict: ○ Article 21A → Right to free and compulsory education. ○ Article 30(1) → Right of minorities to establish and administer educational institutions of their choice. |