SC questions blanket RTE exemption for minority institutions, seeks fresh scrutiny of 2014 ruling

In a significant development with far-reaching implications for education policy, the Supreme Court has called for a re-examination of its 2014 Constitution Bench ruling that granted minority institutions blanket exemption from the Right of Children to Free and Compulsory Education (RTE) Act, 2009.

A Bench of Justices Dipankar Datta and Manmohan, while hearing a batch of appeals related to the applicability of the Teacher Eligibility Test (TET) to minority schools, observed that it had “serious doubts” about the correctness of the earlier judgment in Pramati Educational and Cultural Trust v. Union of India. The 2014 verdict had declared the RTE Act “ultra vires” insofar as it applied to minority schools under Article 30(1) of the Constitution.

Calling the blanket exemption “unavoidable for reconsideration,” the Bench said the RTE Act “ought to apply to all minority institutions, whether aided or unaided,” and directed that the matter be placed before the Chief Justice of India for reference to a larger Bench.

Justice Datta, writing for the Bench, stressed that implementing the RTE does not erode the minority character of such institutions. “There is no inherent conflict between Article 21A (right to education) and Article 30(1); both can and must co-exist mutually,” the court said.

The judgment particularly underscored Section 12(1)(c) of the RTE Act, which mandates 25% reservation for children from disadvantaged groups and weaker sections at the entry level. The court said this provision furthers social inclusion and universalization of education without annihilating minority identity. “Minority institutions already admit students from outside their community; doing so under a transparent, state-guided framework does not affect any right,” it held, noting that reimbursements ensure financial neutrality.

On the issue of teacher qualifications, the court clarified that TET “is one of the minimum qualifications that may be prescribed under Section 23 of the RTE Act.”

The referral sets the stage for a fresh judicial review of how constitutional guarantees of minority rights intersect with the fundamental right to education, a question that could reshape the contours of educational inclusion in India.