Supreme Court Bench Refers Plea to Bring Minority Schools Under RTE Act to CJI

Oct 16, 2025: The Supreme Court on Wednesday directed that a plea challenging the constitutional validity of Sections 1(4) and 1(5) of the Right of Children to Free and Compulsory Education Act, 2009, be referred to the Chief Justice of India (CJI) for appropriate orders, noting that a similar matter concerning the applicability of the RTE Act to minority institutions is already pending. As the issue is before the CJI for consideration on whether a larger bench reference is necessary, the bench of Justice Dipankar Datta and Justice Augustine George Masih ordered that the present petition also be placed before the CJI.

The writ petition, filed under Article 32 of the Constitution, challenges Sections 1(4) and 1(5) of the Act. Section 1(4) specifies that the RTE Act applies subject to Articles 29 and 30, while Section 1(5) exempts Vedic Pathshalas and other schools providing religious instruction from the Act’s core obligations. The petitioner argues that, due to these provisions, the requirement for teachers to possess Teachers’ Eligibility Test (TET) qualifications does not apply to minority schools.

“The injury caused to the children aged 6–14 years is extremely large because Right to Education, guaranteed under Article 21-A read with Articles 14,15, 16, 21, 38, 39, 46 implies 'Equal Quality Education'. Therefore, exclusion of certain schools from the TET is against the Articles 14, 19, 21, 21-A, 30 and the Golden Goals of the Constitution,” the plea states. The petition was filed following the Supreme Court’s 1 September judgment in Anjuman Ishaat E Taleem Trust v. State of Maharashtra, which mandated TET qualifications for teachers in non-minority schools.

The plea contends that exemptions granted to minority institutions defeat the purpose of Article 21A, which guarantees free and compulsory education for all children aged six to fourteen. It further argues that by creating exclusions based on the nature of the institution, Sections 1(4) and 1(5) violate Article 14 of the Constitution. The petitioner maintains that Article 21A obliges the State to ensure equal educational opportunity through a uniform curriculum and minimum teacher qualification standards.

It is also argued that Article 30, which safeguards the rights of minorities to establish and administer educational institutions, does not override Article 21A or the State’s duty to provide equal education. Earlier, on 1 September, a bench comprising Justice Dipankar Datta and Justice Manmohan had expressed doubt over the correctness of the 2014 Pramati Educational & Cultural Trust judgment delivered by a five-judge Constitution Bench, which held that the RTE Act does not apply to minority schools. That bench had referred the issue to the Chief Justice of India to determine whether a larger bench reference was required.

It observed that the Pramati judgment erred in granting a blanket exemption to minority institutions and that applying the RTE Act does not diminish their minority character under Article 30(1). The petition was filed through Advocate-on-Record Ashwani Kumar Dubey.

Source: Livelaw.in