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Supreme Court Refers Minority-Run Schools’ RTE Exemption Question to Larger Bench

Supreme Court Refers Minority-Run Schools: In a significant development, the Supreme Court of India on Monday (September 1, 2025) referred to a larger Bench the critical question of whether minority-run educational institutions can be fully exempted from the Right to Education (RTE) Act, 2009.

The matter arose from a 2014 Constitution Bench judgment that held the RTE Act violated the minority character of such institutions and consequently placed them entirely outside the ambit of the law. This ruling has since raised concerns regarding the universal nature of elementary education guaranteed under the Constitution.

During Monday’s proceedings, Justice Datta observed that the 2014 verdict may have “unknowingly jeopardised the very foundation of universal elementary education.” This statement signals a possible re-examination of the balance between protecting minority rights under Article 30 and ensuring every child’s right to free and compulsory education under Article 21A.

Legal experts suggest that the upcoming deliberations by the larger Bench could redefine how minority institutions operate while aligning with the national goal of inclusive and universal education. If the earlier judgment is revisited, it may bring minority schools under partial or complete obligations of the RTE Act, especially regarding the mandatory reservation of seats for children from disadvantaged sections.

This case is expected to attract wide attention from educators, policymakers, and civil rights groups, as the outcome could have a profound impact on India’s education system, potentially reshaping the balance between minority autonomy and universal education standards.

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