Context: The Supreme Court has questioned the validity of the blanket exemption granted to minority institutions from the applicability of the Right of Children to Free and Compulsory Education (RTE) Act, 2009. The SC has called for reconsideration of the Pramati Educational and Cultural Trust vs. Union of India (2014) judgment by a larger bench.
Relevance of the topic:
Prelims: Article 21A; Article 30(1)
Mains: Conflict between the Right to Education (Article 21A) and the Rights of Minorities to establish and administer educational institutions (Article 30(1)).
Pramati Educational and Cultural Trust v. Union of India (2014) Case
The RTE Act, 2009 was enacted to guarantee free and compulsory education to all children aged 6-14 years under Article 21A of the Constitution.
- In the case, a five-judge Constitution Bench held that applying the RTE Act to minority institutions (aided or unaided) was unconstitutionalas it violated Article 30(1).
- Article 30(1) guarantees the right of minorities to establish and administer educational institutions of their choice.
- As a result, minority institutions were granted a blanket exemption from RTE provisions, including the 25% reservation for disadvantaged groups under Section 12(1)(c).
Supreme Court’s Recent Observations (2025)
- The SC expressed serious doubts about the correctness of the Pramati Educational and Cultural Trust (2014) ruling that gave minority institutions blanket exemption from the RTE Act.
- The SC held that the RTE Act ought to apply to all minority institutions (aided or unaided) without eroding their minority character under Article 30(1).
- The bench clarified that Article 21A and Article 30(1) are not in conflict; they can and must co-exist mutually.
- Section 12(1)(c), mandating 25% reservation for disadvantaged groups was described as serving the broader purpose of social inclusion and universalisation of education. Section 12(1)(c) does not alter school demographics to compromise minority identity and comes with a reimbursement mechanism ensuring financial neutrality.
- Any conflict can be reconciled by admitting minority children who also belong to weaker sections or disadvantaged groups under the quota.
- On the Teacher Eligibility Test (TET), the SC reaffirmed it as a minimum qualification under the RTE Act binding on minority institutions as well.