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

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 placed before the Chief Justice of India for appropriate orders, noting that a similar issue concerning the applicability of the RTE Act to minority institutions is already pending.

As the issue is already pending before the CJI for deciding whether a larger bench reference is required, the bench of Justice Dipankar Datta and Justice Augustine George Masih directed 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. As per Section 1(4), RTE Act applies subject to Articles 29 and 30. Section 1(5) exempts Vedic Pathshalas and other schools imparting religious instruction from the core obligations under the Act.

The petitioner argues that because of these provisions, he requirement of teachers having qualified the Teachers' Eligibility Test does not apply to students in 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 contends.

The present petition was filed in light of the September 1 judgment in Anjuman Ishaat E Taleem Trust v. State of Maharashtra by which the Court mandated TET qualification for teachers in non-minority schools.

The petition contends that the exemptions to minority institutes defeat the purpose of Article 21A, which guarantees free and compulsory education to all children between six and fourteen years.

It contends that by creating exemptions based on the nature of the institution, Sections 1(4) and 1(5) violate Article 14 of the constitution. The petition further contends that Article 21A requires the State to ensure equal educational opportunity through a uniform curriculum and minimum teacher-qualification standards.

It is also argued that Article 30, which protects 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 September 1, a bench of 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 consider whether a larger bench reference was required. It had observed that the Pramati judgment erred in granting a blanket exemption to minority institutions and that applying the RTE Act does not erode their minority character under Article 30(1).

The petition was filed through Advocate-on-Record Ashwani Kumar Dubey.

Case no. – W.P.(C) No. 934/2025

Case Title – Nitin Upadhyay v. Union of India