The Supreme Court of India in 2025 has revisited the exemption granted to minority schools from the Right to Education Act (RTE) of 2009. A two-judge bench questioned the 2014 Pramati judgment that allowed minority schools, both aided and unaided, to bypass RTE mandates like the 25% quota for disadvantaged children. The court has referred the matter to a larger bench to reconsider this exemption. This development marks moment in the ongoing debate over balancing minority rights with the goal of universal, inclusive education.
Background of the Right to Education Act
The RTE Act, enacted in 2009, guarantees free and compulsory education to all children aged 6 to 14, operationalising Article 21A of the Constitution. It mandates government schools to admit all enrolled children free of cost. Aided schools must reserve free seats in proportion to the aid they receive. Private unaided schools are required to reserve 25% of entry-level seats for disadvantaged children, reimbursed by the State. The Act also sets standards on teacher qualifications, pupil-teacher ratios, infrastructure, and bans corporal punishment and capitation fees.
Minority Schools and the 2014 Pramati Judgment
In 2014, the Supreme Court’s Constitution Bench ruled that minority schools, whether aided or unaided, are exempt from RTE provisions like the 25% quota. The judgment relied on Article 30(1), which protects minorities’ right to establish and administer educational institutions. It held that imposing RTE quotas on minority schools would alter their character and violate constitutional rights. This created a broad exemption, shielding many minority institutions from the Act’s inclusive education goals.
Impact of the Exemption on Education Equity
The exemption led to many private schools claiming minority status to avoid RTE compliance. Critics argued this undermined social inclusion and equity. The 25% quota was designed to create diverse classrooms and bridge socio-economic divides. Experts noted that the exemption allowed elite institutions to maintain exclusivity, limiting access for disadvantaged children. The RTE was seen as an instrument of social engineering to promote democracy and equality through education.
Recent Supreme Court Reconsideration
Recently, a two-judge bench led by Justice Dipankar Datta challenged the blanket immunity of minority schools from RTE. The bench observed that the Pramati judgment had created a regulatory loophole that diluted the right to universal education under Article 21A. It held that Article 21A and Article 30(1) can coexist. The court suggested that the 25% quota might be fulfilled by admitting disadvantaged children from the same minority community, ensuring inclusivity without eroding minority character. The court upheld the Teacher Eligibility Test (TET) as applicable to all schools.
Educational and Social Implications
Educationists welcomed the reconsideration as aligning with children’s rights and democratic values. They emphasised that inclusive classrooms enrich educational experiences and social cohesion. The debate marks the tension between institutional autonomy and public interest in education. Experts warn that political interests have often overshadowed the fundamental right of the child. Greater diversity in schools is seen as essential for bridging inequality and encouraging social justice.
Future Prospects
The larger bench’s decision on this issue will be closely watched. If the Pramati exemption is overturned, minority schools, especially those receiving government aid, may be required to comply fully with the RTE Act. This could reshape the educational landscape by promoting greater inclusivity and equity. The ruling may also set important precedents on balancing minority rights with universal educational goals.
Questions for UPSC:
- Discuss in the light of Indian constitutional provisions how the Right to Education Act balances individual child rights with minority institutional autonomy.
- Critically examine the role of judicial interpretation in shaping education policy in India, with examples from the Right to Education Act and minority school exemptions.
- Explain the significance of social inclusion in education and how legal frameworks like the RTE Act contribute to reducing educational inequality.
- With suitable examples, discuss the challenges and implications of implementing affirmative action policies in private and minority educational institutions in India.
