Why are minority schools not in RTE ambit? SC seeks review of own judgement over quota for economically weaker sections

SC bench frames issue as a constitutional clash with four key questions; refers it to Chief Justice BR Gavai for next steps

The Supreme Court on Monday expressed doubts over the correctness of its 2014 judgment that put minority schools out of the ambit of the Right of Children to Free and Compulsory Education Act, 2009 (RTE).

RTE requires private schools to reserve 25% of entry-level seats for EWS and other disadvantaged groups, but minority schools are exempt from this quota.(Unsplash/Representative image)

RTE requires private schools to reserve 25% of entry-level seats for economically weaker sections (EWS) and other disadvantaged groups, but minority schools are exempt from this quota due to the 2014 ruling that protected their right to administer their institutions without such overarching mandates.

The matter was on Monday referred to the Chief Justice of India, BR Gavai, for next steps, by the SC bench of justices Dipankar Datta and Augustine George Masih. The bench observed that the exemption — granted in the case ‘Pramati Educational & Cultural Trust vs Union of India’ — may not have been correctly decided.

The bench was also shown documents such as a study by the National Commission for Protection of Child Rights that pointed towards misuse of the exemption by minority schools.

It observed that the decision in the 2014 case “might have, unknowingly, jeopardised the very foundation of universal elementary education”.

"Exemption of minority institutions from the RTE Act leads to fragmentation of the common schooling vision and weakening of the idea of inclusivity and universality envisioned by Article 21A," the bench said, as per ANI.

It also noted that the RTE Act says children are entitled to a range of facilities, including basic infrastructure, trained teachers, books, uniforms and mid-day meals.

But minority schools excluded from the RTE purview were not necessarily bound to provide these facilities too. "For many of these students, such benefits are not just amenities but affirmations of belonging, equality, and recognition," the top court said.

The judges thus framed four questions for a larger bench's consideration.

To begin with, whether the judgment exempting minority educational institutions, aided or unaided, requires reconsideration. Or if the whole of RTE Act be declared incorrect since it could impinge upon minority rights.

And if the RTE Act infringes on the rights of minorities guaranteed under the Constitution, whether it should have been read down to include children of particular minority communities who also belong to EWS and disadvantaged groups.

Also, a larger bench could consider if the RTE exemption is against another Article of the Constitution that says no citizen shall be denied admission on grounds such as race, religion and gender.

For now, the bench said the RTE continues to apply as per the existing inclusions and exemptions.