Supreme Court to examine RTE Act application to religious schools

The Supreme Court of India has agreed to examine a plea regarding the application of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) to minority institutions, including madrasas and vedic pathshalas.

The petition, filed by Maharashtra State Minority Commission Chairman Pyare Zia Khan, challenges Sections 1(4) and 1(5) of the RTE Act. These sections currently exempt institutions that primarily impart religious instruction from certain provisions of the Act. The petitioner argues that this creates separate classes of children based on the type of institution they attend, which lacks a rational connection to the goal of universal quality education.

The court will hear this alongside a pending case that questions a 2014 ruling which exempted minority schools from the RTE Act. Additionally, the plea seeks a declaration that the Teacher Eligibility Test (TET) is mandatory for teachers in all schools covered by the Act.