Press Esc to close
Wednesday 25 May 2016
News updated at 8:11 PM IST
Weather
Max: 34°C
Min : 22.7°C
In Bengaluru
Partially cloudy

'RTE quota does not apply to minority schools'

New Delhi, PTI: May 6, 2013

The Supreme Court on Tuesday held that the Right of Children to Free and Compulsory Education Act, which mandates 25 per cent seats in all schools be reserved for the economically disadvantaged, is not applicable to minority institutions as it is “ultra vires” of the Constitution and will “abrogate” their right.

A five-judge Constitution bench headed by Chief Justice R M Lodha said the 2010 judgment of its three-judge bench which held that the 2009 Act was applicable to aided minority schools was “not correct”.

The larger bench also ruled that Article 21A(right to education) and Article 15 (5) (relating to economically weaker sections) does not alter the basic structure or framework of the Constitution and they are “constitutionally valid”.

Constitutional validity

“In the result, we hold that the Constitution (93rd Amendment) Act, 2005 inserting clause (5) of Article 15 of the Constitution and the Constitution (86th Amendment) Act, 2002 inserting Article 21A of the Constitution do not alter the basic structure or framework of the Constitution and are constitutionally valid.

“We also hold that the 2009 Act is not ultra vires Article 19(1)(g) (regarding freedom of speech) of the Constitution. We, however, hold that the 2009 Act insofar as it applies to minority schools, aided or unaided, covered under clause (1) of Article 30 (right of minorities) of the Constitution is ultra vires the Constitution,” the bench, also comprising justices A K Patnaik, S J Mukhopadhaya, Dipak Misra and F M I Kalifulla, said.

“In our view, if the 2009 Act is made applicable to minority schools, aided or unaided, the right of the minorities under Article 30(1) of the Constitution will be abrogated... We are thus of the view that the majority judgment of this Court in... insofar as it holds that the 2009 Act is applicable to aided minority schools is not correct,” it said, referring to the 2-1 verdict pronounced in 2010.


Go to Top

Photo Gallery
Girls cover themselves during a dust storm in mathura on Monday...

Girls cover themselves during a dust storm in mathura on Monday...

Renowned sand artist Sudarsan Pattnaik creates a sand art to aware people about water scarcity...

Renowned sand artist Sudarsan Pattnaik creates a sand art to aware people about water scarcity...

English actor Sir Ian McKellen and Bollywood actor Aamir Khan share lighter moments...

English actor Sir Ian McKellen and Bollywood actor Aamir Khan share lighter moments...

A senior Army Officer presents the Sher-e-Kashmir Sword of Honour to a new recruit...

A senior Army Officer presents the Sher-e-Kashmir Sword of Honour to a new recruit...

People watching the air ambulance which crash landed at Kair village in Najafgarh area...

People watching the air ambulance which crash landed at Kair village in Najafgarh area...

Demi Moore poses for photographers as she arrives for The Vogue 100 Gala Dinner...

Demi Moore poses for photographers as she arrives for The Vogue 100 Gala Dinner...

Nuremberg and Frankfurt players jump for the ball during a German first division Bundesliga soccer..

Nuremberg and Frankfurt players jump for the ball during a German first division Bundesliga soccer..

People hang fish to dry on bamboo poles in Mumbai...

People hang fish to dry on bamboo poles in Mumbai...

A cyclist with his daughter pedals his cycle holding an umbrella...

A cyclist with his daughter pedals his cycle holding an umbrella...

An elderly vendor waits for customers of green grass during rains in Srinagar....

An elderly vendor waits for customers of green grass during rains in Srinagar....

Copyright 2014, The Printers (Mysore) Private Ltd., 75, M.G Road, Post Box 5331, Bengaluru - 560001
Tel: +91 (80) 25880000 Fax No. +91 (80) 25880523