SC Seeks Review of RTE Exemption for Minority Schools
The Supreme Court has raised concerns over its 2014 judgment that excluded minority-run schools, both aided and unaided, from the provisions of the Right to Education (RTE) Act. The bench observed that such an exemption goes against the broader goal of universal elementary education and needs reconsideration.
Referral to Larger Bench
A two-judge bench comprising Justices Dipankar Datta and Manmohan has referred the issue to a larger bench. They said that removing minority institutions from the RTE framework fragments the vision of inclusive education under Article 21A. They also noted that infrastructure standards, qualified teachers, mid-day meals, and curriculum benchmarks must be uniformly applied across all schools to ensure equality.
Inclusive Education vs Institutional Autonomy
The court further stressed that bringing minority institutions under the ambit of the RTE Act does not dilute their character or autonomy. It explained that the 25% reservation for socially disadvantaged students, as mandated under Section 12(1)(c), can be implemented without altering the institutions’ minority status. The judges emphasized that balancing inclusivity with institutional rights is necessary to fulfill the constitutional promise of education for all.
