Supreme Court Refers Question of Minority School Exemption from RTE Act to Larger Bench
A two-judge Bench of the Supreme Court has referred the question of whether minority educational institutions are entirely exempt from the Right to Education (RTE) Act, 2009 to a larger Bench. The reference challenges a 2014 Constitution Bench verdict (Pramati case) which exempted minority schools from providing 25% reservation for disadvantaged children under Section 12(1)(c). Justice Dipankar Datta observed that minority status has sometimes become a 'vehicle for circumventing' the mandate of universal elementary education and Article 21A, leading to fragmentation of the common schooling vision.
Key Points
- The court is reconsidering if minority institutions should be exempt from the 25% reservation for disadvantaged groups.
- Justice Dipankar Datta noted that the 2014 Pramati judgment may have jeopardized the foundation of universal elementary education.
- The reference stems from appeals against school departments insisting on TET qualification for teachers in minority schools.
- Article 21A envisions inclusivity and universality in education, which some argue is weakened by these exemptions.
Exam Facts
- Article 21A of the Constitution
- Section 12(1)(c) of the RTE Act, 2009
- Pramati Educational and Cultural Trust case (2014)
- Teachers Eligibility Test (TET)
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