5:26 AM
RTE not applicable to minority instts: SG
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 he 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 judgement 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 21 Aright 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 "constiutionally valid".
"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 iaserting Article 21A of the Constitution do not alter the basic structure or framework of the Constitution and arc constitutionally valid.
Article 15 (5) enables the Slate to make a special provision, by law. for the advancement of socially and educationally backward classes of citizens or for the scheduled castes and scheduled tribes insofar as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by die slate, other than the minority educational
A five-judge Constitution bench headed by Chief Justice R M Lodha said the 2010 judgement 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 21 Aright 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 "constiutionally valid".
"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 iaserting Article 21A of the Constitution do not alter the basic structure or framework of the Constitution and arc constitutionally valid.
Article 15 (5) enables the Slate to make a special provision, by law. for the advancement of socially and educationally backward classes of citizens or for the scheduled castes and scheduled tribes insofar as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by die slate, other than the minority educational
Posted in: News 2014
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