RTE not applicable to minority schools: SC

  • Satya Prakash, Hindustan Times, New Delhi
  • Updated: May 07, 2014 23:32 IST

Minority-run schools cannot be forced to implement the Right to Education Act, 2009, that mandates 25% reservation for economically disadvantaged children in all schools, the Supreme Court ruled.

A five-judge constitution bench headed by CJI RM Lodha clarified that a 2010 judgement, which held that the RTE Act, 2009 was applicable to aided minority schools was “not correct”.

“In our view, if the 2009 Act is made applicable to minority schools, aided or unaided, the right of minorities under Article 30(1) of the Constitution will be abrogated.We are thus of the view that the majority judgement of this Court in... insofar as it holds that the 2009 Act is applicable to aided minority schools is not correct,” it said.

The bench, however, upheld the validity of Article 21A( which guarantees free and compulsory education to all children of the age of six to 14 years) and Article 15 (5) (which enables state to make special provisions for advancement of socially and economically backward classes, SCs and STs), saying these provisions did not alter the basic structure of the Constitution.

The bench also rejected the contention of non-minority private unaided educational institutions that Article 15 (5) violates the fundamental right to life and personal liberty under Article 21 and a duty under Article 51A(j) to strive towards excellence in all spheres of individual and collective activity.

From Around the Web
Sponsored by Revcontent

also read

Documents filed by candidates in 2004 elections not traceable: EC
Show comments

Steps to disable Ad Blocker on your browser


In order to serve content on our website, we rely on advertising revenue which helps us to ensure that we continue to serve high quality unbiased journalism. From our end, we will aim to show clean and unobtrusive ads to provide you with a great browsing experience.

Request to please follow the steps below and once done, please refresh your page.


For Chrome and Ad BlockPlus users

1.Press the ‘ABP’ icon in your toolbar at top right of this page

2. Click on ‘Enabled on this site’; this should now change to ‘Disabled on this site’


chrome



For Chrome and Ad Block users

1.Press the ‘AdBlock’ icon in your toolbar

2.Select the option ‘Don’t run on pages on this domain’ and then click ‘exclude’ on the pop up


chrome

Steps to disable Ad Blocker on your browser


In order to serve content on our website, we rely on advertising revenue which helps us to ensure that we continue to serve high quality unbiased journalism. From our end, we will aim to show clean and unobtrusive ads to provide you with a great browsing experience.

Request to please follow the steps below and once done, please refresh your page.


For Mozilla and AdBlock Plus (ABP) users

1.Press the ‘ABP’ icon in your toolbar

2.Select the option ‘Disable on hindustantimes.com’


chrome

Steps to disable Ad Blocker on your browser


In order to serve content on our website, we rely on advertising revenue which helps us to ensure that we continue to serve high quality unbiased journalism. From our end, we will aim to show clean and unobtrusive ads to provide you with a great browsing experience.

Request to please follow the steps below and once done, please refresh your page.


For Internet Explorer and AdBlock Plus users

1.Press the ‘AdBlock Plus’ icon in your status bar at the bottom of the screen

2.Select the option ‘Disable on hindustantimes.com’


chrome

Steps to disable Ad Blocker on your browser


In order to serve content on our website, we rely on advertising revenue which helps us to ensure that we continue to serve high quality unbiased journalism. From our end, we will aim to show clean and unobtrusive ads to provide you with a great browsing experience.

Request to please follow the steps below and once done, please refresh your page.


For Safari and AdBlock users

1.Press the ‘AdBlock’ icon in your toolbar

2.Select the option ‘Don't run pages on this domain’ and then click 'exclude'


chrome