Supreme Court issues notice to Centre,UP on exemption to minority schools


The Supreme Court on Wednesday issued notice to Centre on a plea seeking a relook by a constitution bench on whether minority institutions both aided and unaided were excluded entirely from the ambit of the Right to Education Act.

A bench of Justices Dipak Misra and U U Lalit also issued notice to Uttar Pradesh government on the plea which also sought a relook on the issue whether minority institutions were excluded from some provisions like reservation for students from weaker sections.

The court had earlier sought the response from the Centre and Uttar Pradesh Government on the petition without issuing notice to them.

The plea said minority institutions needed no recognition as mandated under the Right To Education Act after they were excluded from its purview.

A five-judge constitution bench in its 6 May, 2014 verdict had upheld the validity of the RTE Act, 2009 and said it was not applicable to aided or unaided minority schools.

Advocate Ravi Prakash Gupta, appearing for petitioner Independent Schools Federation of India, said after this verdict, minority educational institutions did not need even the recognition provided under Section 18 (No School to be established without obtaining certificate of recognition) and Section 19 (Norms and standards for school) of the RTE Act.

Gupta contended that there were over 3,000 schools across India which had zero enrollment of students.

(With inputs from PTI)