In a significant legal development concerning children's fundamental right to education across madrasas, Vedic pathshalas, and institutions primarily imparting religious instruction, the Supreme Court of India has taken a major procedural step. The court directed that a fresh Public Interest Litigation (PIL) challenging the exemption of religious schools from the Right to Education (RTE) Act 2009 be tagged with an earlier pending case that cleared the pathway for consideration by a larger Constitution bench.
Bench of Justice Dipankar Datta and Justice Sheel Nagu Issues Directions
The matter came up for hearing before a division bench comprising Justice Dipankar Datta and Justice Sheel Nagu. Counsel representing the petitioner argued before the bench that excluding madrasas and religious educational institutions entirely from the purview of the RTE Act creates severe disparities in ensuring the fundamental right to education for young children. Acknowledging the weight of the constitutional questions involved, the bench observed that since the core issue regarding the applicability of the RTE Act to minority and religious institutions is already slated for consideration by a larger bench, this petition should also be heard along with the pending lead matter.
Constitutional Challenge to Section 1(5) of the RTE Act 2009
The PIL has been instituted by Pyare Zia Khan, Chairman of the Maharashtra State Minority Commission. The petition specifically challenges the constitutional validity of Section 1(5) of the Right to Education Act 2009. Under Section 1(5), madrasas, Vedic pathshalas, and institutions primarily imparting religious instruction are explicitly excluded from the mandate and regulations of the RTE Act. The petitioner contends that the fundamental right of a child to receive quality, compulsory education between the ages of 6 and 14 should not depend upon the nature or categorization of the educational institution they attend. Every child in that age bracket is entitled to equivalent standards of elementary education.
Teacher Qualifications and Mandatory TET Requirements
Beyond student entitlements, the petition raises critical questions regarding teaching standards and the application of the Teacher Eligibility Test (TET). The petitioner argued that enforcing minimum educational qualifications for teachers and requiring TET certification does not infringe upon the management rights guaranteed to minority institutions under Article 30 of the Constitution. Minority institutions would retain complete freedom to select and appoint teachers from among candidates who meet the requisite eligibility criteria, thereby elevating academic quality without compromising institutional autonomy.
Background of the 2014 Pramati Educational Trust Judgment
The origin of this constitutional clash traces back to the 2014 landmark judgment in the Pramati Educational and Cultural Trust case. In that decision, a Constitution Bench of the Supreme Court held that the RTE Act could not be made applicable to minority institutions, reasoning that imposing such regulations would violate the rights guaranteed to minorities under Article 30 to establish and administer educational institutions of their choice. Consequently, religious and minority institutions remained outside the framework of the RTE Act.
Re-evaluation in the September 2025 Judgment
However, the legal landscape shifted in September 2025 during the hearing of the Anjuman Ishat-e-Taleem Trust case. A bench of the Supreme Court raised serious doubts regarding the blanket exemption granted by the 2014 ruling. The court observed that Article 21A, which grants children aged 6 to 14 the fundamental right to free and compulsory education, and Article 30, which safeguards minority educational rights, are both fundamental constitutional provisions that must be harmoniously balanced. The court highlighted that completely insulating minority and religious institutions from RTE obligations raises grave questions, establishing the necessity for a larger bench to re-examine the issue.
Key Legal Questions Awaiting Determination by the Larger Bench
With the tagging of the current petition, the impending larger bench will adjudicate fundamental issues surrounding national education policy and constitutional rights. The central question remains whether madrasas, Vedic pathshalas, and religious educational centers can be completely exempted from the RTE Act 2009. Furthermore, the bench will determine whether statutory standards regarding teacher qualifications, mandatory TET examinations, and basic infrastructural norms can be legally enforced on such institutions. The eventual verdict will shape the educational trajectory of millions of students across the nation.
