The Supreme Court has referred a public interest litigation (PIL) seeking the inclusion of minority schools under the Right of Children to Free and Compulsory Education (RTE) Act to the Chief Justice of India for further consideration.

A bench of Justices Dipankar Datta and Augustine George Masih noted that a similar issue is already pending before the apex court and said the plea should be placed before the CJI for appropriate orders.

The PIL, filed by Nitin Upadhyay through advocate Ashwani Kumar Dubey, demands that schools providing both religious and secular education be brought within the ambit of the RTE Act. It also challenges the validity of sections 1(4) and 1(5) of the Act, terming them arbitrary and in violation of constitutional guarantees, including Article 14 on equality before law.

The petition highlights discrepancies in teacher standards, noting that the Teacher Eligibility Test (TET), designed to maintain teaching quality, applies to non-minority institutions but not to minority schools. “Petitioner is filing PIL under Article 32 seeking writ order or direction that RTE Act and Teacher Eligibility Test shall be uniformly applicable to all schools,” the plea stated.

The apex court has already expressed concerns over its 2014 Pramati Educational and Cultural Trust verdict, which exempted minority schools from the RTE Act. In September, it referred the matter to a larger bench, stating the exemption “might have, unknowingly, jeopardised the very foundation of universal elementary education.” The court warned that excluding minority institutions fragments the vision of inclusive schooling and undermines the universality envisioned under Article 21A, which guarantees free and compulsory education for children aged six to fourteen.

While the RTE Act mandates basic infrastructure, trained teachers, books, uniforms, and mid-day meals, minority schools outside its purview are not necessarily required to provide these entitlements. The court has framed key questions on whether its earlier judgment exempting aided and unaided minority institutions under Article 30—which protects minorities’ right to establish and administer educational institutions—requires reconsideration.

The Supreme Court has asked the CJI to evaluate the need for a larger bench to address these issues, signaling a possible re-examination of the balance between minority rights and the goal of universal education.