Judicial Exemptions For Minority Institutions Under RTE 2009: Balancing Article 30 Rights With Article 21a Obligations In Post-Pramati Jurisprudence
- IJLLR Journal
- May 8
- 1 min read
Sarita Kumari, Christ (Deemed to be University) Lavasa, Pune
ABSTRACT
This paper examines the critical link between India's Right of Children to Free and Compulsory Education Act, 2009 ("RTE Act") and the constitutional rights of minority institutions under Article 30(1). RTE implements Article 21A by mandating free education and a 25% reservation for weaker sections in private schools (Sec. 12(1)(c)), but Article 15(5) (93rd Amendment) explicitly exempts minority schools from such reservations . In Pramati Educ. & Cult. Trust v. Union of India (2014) the Supreme Court upheld RTE's validity but held that its provisions do not apply to aided or unaided minority schools . We survey post-Pramati case law up to 2026 – including Azad Education Society v. Maharashtra (Bombay HC, 2017), M.A. Stephen Sundar Singh v. Tamil Nadu (Madras HC, 2019), Anjuman Isha'at-e-Taleem Trust v. Maharashtra (SC, 2025), and others – that interpret this exemption.
