SC refers to larger bench 2014 verdict exempting minority schools from RTE Act

new delhi: doubting the correctness of its 2014 verdict that kept minority schools out of the rte act's ambit, the supreme court on monday referred the matter to a larger bench for adjudication.a bench comprising justices dipankar datta and manmohan noted from materials placed on record, including a study by the national commission for protection of child rights, that the exclusion had created a fertile ground for misuse."we hasten to observe with utmost humility that the decision in pramati educational and cultural trust might have, unknowingly, jeopardised the very foundation of universal elementary education. exemption of minority institutions from the rte act leads to fragmentation of the common schooling vision and weakening of the idea of inclusivity and universality envisioned by article 21a," the bench said.article 21a deals with right to education and says the state shall provide free and compulsory education to all children aged six to fourteen years. the rte act ensures children access to basic infrastructure, trained teachers, books, uniforms, and mid-day meals.however, minority schools excluded from the rte act are not necessarily bound to provide these facilities. "some minority schools might provide a few facilities, but others may fall short, leaving their students without access to such mandated facilities. for many of these students, such benefits are affirmations of belonging, equality, and recognition," the court said.the bench added that the rte act ensures common curricular standards through notified academic authorities, guaranteeing quality education based on constitutional values. minority institutions operate without such uniform guidelines, leaving children and parents uncertain about what and how they are taught.the court said the exemption, intended to protect cultural and religious freedoms, has inadvertently created a regulatory loophole, leading to institutions seeking minority status to bypass the rte act.the apex court framed four questions for the larger bench's consideration, including whether the pramati educational and cultural trust judgment exempting minority schools from the rte act requires reconsideration, and whether section 12(1)(c) of the act infringes minority rights under article 30.until the larger bench decides, all schools except those established and administered by minorities will have to comply with the rte act. the bench also allowed teachers with less than five years' service to continue without qualifying the tet, while others must qualify within two years to continue in service.