Larger Bench to rule if minority-run schools are exempted from RTE Act , Pg12

Key Highlights:

• The Supreme Court referred the question of whether minority educational institutions are entirely exempt from the Right to Education (RTE) Act, 2009 to a larger Bench on Monday.
• The reference was made by a two-judge Bench of Justices Dipankar Datta and Manmohan.
• The decision stems from concerns over the 2014 Pramati Educational and Cultural Trust case verdict, which exempted minority institutions from the RTE Act.
• Justice Datta expressed concerns that the 2014 judgment has been misused, with institutions seeking minority status to circumvent the RTE Act mandate.

Detailed Insights:

• The civil appeals questioned the insistence of school education departments on faculty clearing the Teachers Eligibility Test (TET) in minority institutions.
• The 2014 Pramati Educational and Cultural Trust case tested the constitutionality of Section 12(1)(c) of the RTE Act, which mandates 25% reservation for disadvantaged groups.
• The 2014 judgment concluded that Section 12(1)(c) violated the minority character of institutions and impacted their institutional autonomy, leading to complete exemption from the RTE law.
• Justice Datta observed that exempting minority institutions from the RTE Act leads to fragmentation of the common schooling vision and weakens inclusivity envisioned by Article 21A.
• Concerns were raised that minority status is being used to circumvent the RTE Act's mandate, with institutions seeking minority status to become autonomous.

Key Concepts Involved:

• Right to Education (RTE) Act, 2009: Indian legislation that provides free and compulsory education for children aged 6-14 years under Article 21A of the Indian Constitution.
• Article 21A: A fundamental right in the Indian Constitution that guarantees free and compulsory education to all children aged 6-14 years.
• Minority Institution: Educational institutions established and administered by minority communities, as recognized by the Indian Constitution.