SC to Review RTE Exemption for Minority Schools

Why in the News ?

The Supreme Court referred to a larger bench the question of whether minority-run educational institutions should be exempted from the Right to Education (RTE) Act, 2009, revisiting its 2014 Pramati Educational Trust ruling that granted them blanket exemption.

Background – The 2014 Pramati Case

• In Pramati Educational and Cultural Trust v. Union of India (2014), a 5-judge SC Bench ruled:

○   Applying RTE Act to minority institutions (aided or unaided) would erode minority character under Article 30(1).

○   Hence, minority institutions were given blanket exemption from RTE.

• Criticism:

○   Led to misuse: many institutions sought minority status to bypass RTE norms.

○   Fragmented the “common school system” vision of inclusivity.

SC’s Present Observations (2025)

• Judges: Justices Dipankar Datta & Manmohan.

• Key Points:

○   Serious doubts if the 2014 Pramati ruling was justified.

○   Exempting minority schools weakens inclusivity and universality of Article 21A.

○   No inherent conflict between Article 21A (Right to Education) and Article 30(1) (Minority Rights); both can co-exist.

○   Section 12(1)(c) reservation:

■ Can be fulfilled by admitting minority children from weaker/disadvantaged groups,

■ Thus preserving minority identity while ensuring social inclusion.

○   Blanket exemption risks turning Article 30(1) into a loophole to escape child-centric regulations.

• On Teacher Eligibility Test (TET):

○   TET is a minimum qualification under RTE, and applies to teachers in minority schools as well.