Reconsideration of the 2014 Supreme Court Judgment on RTE Act and Minority Institutions
The Supreme Court (SC) has called for a re-evaluation of its 2014 judgment which exempted minority institutions from the applicability of the Right of Children to Free and Compulsory Education (RTE) Act, 2009.
Background
- The 2014 judgment in the 'Pramati Educational and Cultural Trust v. Union of India' case declared the RTE Act inapplicable to minority schools under Article 30(1), which protects the rights of religious and linguistic minorities to establish and administer educational institutions.
- This ruling was made by a five-judge bench, declaring the Act ultra vires the Constitution concerning minority institutions.
Current Developments
- A two-judge bench, comprising Justices Dipankar Datta and Manmohan, questioned the 2014 ruling while addressing appeals related to the Teacher Eligibility Test (TET) for minority educational institutions.
- The bench argued that the RTE Act should apply to all minority institutions, whether aided or unaided, without eroding their minority character.
Interpretation of Article 30(1) and RTE Act
- The court emphasized a purposive interpretation of Article 30(1), suggesting no inherent conflict with Article 21A, which grants the right to education.
- Both Articles, the court suggested, should co-exist harmoniously.
Section 12(1)(c) of the RTE Act
- This section mandates a 25% reservation for children from disadvantaged and weaker sections at the entry level in schools.
- The bench noted that while this may impact institutional autonomy, it does not annihilate the minority character of institutions.
- Section 12(1)(c) also includes a reimbursement mechanism ensuring financial neutrality.
- The court suggested that any conflict between Section 12(1)(c) and Article 30(1) can be resolved by admitting children from minority communities who qualify as 'weaker section' or 'disadvantaged group'.
Teacher Eligibility Test (TET)
- The court held that TET is a minimum qualification prescribed under Section 23 of the RTE Act, applicable to minority institutions as well.
