The BRICS TimesThe SC on Monday questioned its 2014 ruling granting minority institutions complete exemption from the RTE Act, saying a relook is “unavoidable”.
The Supreme Court on Monday said the Right of Children to Free and Compulsory Education (RTE) Act, 2009, should extend to both aided and unaided minority institutions, calling for a review of its 2014 Constitution Bench verdict that exempted them entirely.
In the Pramati Educational and Cultural Trust v. Union of India case, a five-judge bench in 2014 had ruled that applying the RTE Act to minority schools protected under Article 30(1)—which grants minorities the right to establish and run their institutions—was unconstitutional.
Reconsidering the issue while hearing appeals on whether the Teacher Eligibility Test (TET) applies to minority schools, a two-judge bench of Justices Dipankar Datta and Manmohan expressed doubts over the correctness of Pramati. They referred the matter to the Chief Justice of India for possible review by a larger bench.
Justice Datta, writing for the bench, said the RTE Act should apply universally, including to minority institutions, without undermining their protected status under Article 30(1). The court clarified that Article 21A (right to education) and Article 30(1) can co-exist, and the RTE’s objectives align with constitutional protections.
Addressing Section 12(1)(c) of the RTE Act—which requires 25% reservation for disadvantaged children—the court observed that while it may affect institutional autonomy, it does not erase the minority character of schools. Since minority schools already admit students from outside their community, doing so within a state-regulated framework with financial reimbursement does not violate their rights. The bench added that even if a conflict arose, it could be resolved by admitting minority students from disadvantaged backgrounds under the same provision.
On TET, the court confirmed it as a valid minimum qualification under Section 23 of the RTE Act.
