New Delhi: The Supreme Court of India has expressed serious reservations about its 2014 judgment that exempted minority-run schools from the provisions of the Right to Education (RTE) Act. In a significant development, a two-judge bench comprising Justices Dipankar Datta and Manmohan referred the matter to the Chief Justice of India for consideration by a larger bench.

In the 2014 case of "Pramati Educational and Cultural Trust v. Union of India", a five-judge constitution bench had ruled that the RTE Act did not apply to minority-run educational institutions, whether aided or unaided, under Article 30(1) of the Constitution, which guarantees minorities the right to establish and administer educational institutions of their choice. The court had held that certain provisions of the RTE Act, particularly Section 12(1)(c), which mandates 25% reservation for children from disadvantaged groups and weaker sections, infringed upon the autonomy of minority institutions.

However, the current bench has expressed serious doubts about the correctness of this ruling. The judges noted that exempting minority institutions from the RTE Act could undermine the goal of ensuring good quality, universal elementary education, and could have significant consequences. They emphasized that the implementation of the RTE Act does not erode the minority character of institutions but aligns with the purposive interpretation of Article 30(1).

The bench further observed that the exemption had led to a surge in institutions seeking minority status to bypass the regulatory standards mandated by the RTE Act. They highlighted that such a blanket exemption could create a regulatory loophole and compromise the inclusivity and universality envisioned by Article 21A of the Constitution, which guarantees the right to free and compulsory education for all children aged six to fourteen years.

In light of these concerns, the bench referred the matter to the Chief Justice of India for appropriate directions on whether the 2014 ruling should be reconsidered by a larger bench. The court framed four questions for the larger bench's consideration, including whether the RTE Act infringes upon the rights of minorities and whether Section 12(1)(c) should be read down to include children of the particular minority community who also belong to weaker sections and disadvantaged groups.

This development marks a significant step towards reassessing the regulatory framework for minority-run educational institutions in India, balancing their rights with the broader goals of inclusive and quality education.