News– The Supreme Court has recently referred the issue of the applicability of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) to minority educational institutions for reconsideration by a larger Bench headed by the Chief Justice of India.
This has revived a decade-long debate on the balance between the right of children to education (Article 21A) and the right of minorities to establish and administer educational institutions (Article 30(1)).
Background: Pramati Educational & Cultural Trust Case (2014)
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Recent developments
- A two-judge Bench (Justices Dipankar Datta and Manmohan), while hearing the TET case (Anjuman Ishaat-e-Taleem Trust v. State of Maharashtra), questioned the correctness of the Pramati ruling.
- The Bench observed that exempting minority schools from the RTE Act may jeopardise children’s fundamental right to quality education.
- It emphasised that Articles 21A and 30(1) must co-exist and that neither should be treated as an unqualified “trump card” over the other.
Relevant Constitutional Provisions
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Court’s Observations
- Implementation of the RTE Act does not erode minority rights under Article 30(1).
- Exemption of minority schools weakens inclusivity and fragments the vision of a common schooling system.
- The 25% quota under Section 12(1)(c) need not necessarily be filled by non-minority students; it can include disadvantaged children from the minority community itself.
- Blanket exemption has encouraged misuse, with several private schools seeking “minority status” to avoid RTE obligations.
About Right of Children to Free and Compulsory Education (RTE) Act, 2009
- It makes free and compulsory education a fundamental right for all children aged 6–14 years.
- It mandates 25% reservation in private unaided schools for children from disadvantaged groups.
- It sets minimum norms for pupil-teacher ratios, infrastructure, and teacher qualifications.
- It bans practices like capitation fees and corporal punishment.
