Paper: GS – II, Subject: Society and Social Justice, Topic: Social Sector-Education, Issue: RTE and Minority institutions.
Context:
The Supreme Court has referred the RTE exemption for minority institutions to a larger Bench, questioning its 2014 blanket exemption ruling.
Key Takeaways:
Background of Current case:
- Origin: Appeals have been filed against state education departments requirement of minority-institution teachers to clear Teacher Eligibility Test (TET) under RTE Section 23.
- A 2-judge Bench observed that the 2014 ruling had undermined universal elementary education by keeping minority institutions outside RTE’s scope.
- Right of Children to Free and Compulsory Education (RTE) Act, 2009 ensures free and compulsory education for children aged 6–14 years (Article 21A).
- Thus, it raised questions on Whether minority educational institutions (Article 30(1)) should be exempt from RTE provisions.
- On September 1, 2025, the Supreme Court referred the matter to a larger Bench, questioning its 2014 ruling (Pramati Educational & Cultural Trust v. Union of India).
The debate surrounding the case:
- Constitutional Conflict:
- Article 21A: Universal elementary education.
- Article 30(1): Right of minorities to establish and administer institutions of their choice.
- 2014 Ruling:
- Held that Section 12(1)(c) of the RTE Act ensures 25% reservation in private schools for disadvantaged groups which infringes minority autonomy.
- It resulted in blanket exemption of all minority institutions whether aided or unaided, from RTE.
| Criticism of Exemption | Arguments for Exemption |
| Weakens inclusivity & common schooling system.Encourages misuse of minority status to escape regulation. | Preserves cultural, linguistic identity.Protects minority autonomy. |
Supreme Court’s Key Observations (2025):
- Reconsideration Needed: Blanket exemption unjustified and the application of RTE does not destroy minority character.
- Social Inclusion: Section 12(1)(c) which is vital for integrated classrooms and equality.
- Financial Neutrality: Government reimburses institutions for implementing reservation thus limiting financial burden.
- Inclusivity & Equality: Purpose of RTE is to integrate children from diverse backgrounds which is a transformative vision of Article 21A.
- Misuse of Minority Status: Some institutions misuse recognition to bypass RTE obligations, creating “enclaves of privilege.”
| Right to Education (RTE) Act, 2009: Guarantees free and compulsory elementary education for children aged 6–14 years in a neighbourhood school. Ensures age-appropriate admission and free education till completion, even beyond 14 years. Prohibits detention, expulsion, and board exams till elementary level. Mandates compliance with pupil–teacher ratio, infrastructure norms, and TET-qualified teachers. Schools must form School Management Committees and cannot charge fees or allow teachers to take private tuitions. Government & aided schools must provide free education (minimum 25% in aided schools).Central & state governments share responsibility for implementation, curriculum, teacher training, and funding. NCPCR/SCPCR act as grievance redressal bodies with civil court powers. |
Conclusion:
The SC’s move marks a critical juncture in constitutional law & education policy. Balancing minority rights (Article 30) and universal education (Article 21A) is crucial. If exemption is revised, it may reinforce the common schooling system and strengthen inclusivity in education.
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