SC Refers to Larger Bench Its 2014 Verdict Exempting Minority Schools from RTE Act

The Supreme Court Frames Four Questions for the Larger Bench's Consideration

- MPOST BUREAU

NEW DELHI: Doubting the correctness of its 2014 verdict that kept minority schools out of the RTE Act's ambit, the Supreme Court on Monday referred the matter to a larger bench for adjudication.

A bench comprising Justices Dipankar Datta and Manmohan was "distressed" to note from the materials placed on record including a study of the National Commission for Protection of Child Rights that the exclusion had created a fertile ground for misuse.

"We hasten to observe with utmost humility at our command that the decision in Pramati Educational and Cultural Trust (supra) might have, unknowingly, jeopardised the very foundation of universal elementary education. Exemption of minority institutions from the RTE Act leads to fragmentation of the common schooling vision and weakening of the idea of inclusivity and universality envisioned by Article 21A," the bench said.

Article 21A deals with the Right to Education.