The Aurangabad bench of the Bombay High Court has ruled that minority educational institutions are not obligated to admit students under the 25% quota of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act), even if they choose to do so voluntarily.
The Court's decision reinforces that such admissions would infringe upon constitutional protections that exempt these institutions from the RTE Act’s mandates.
The ruling came in response to a challenge from Izak English Medium School and Anand Medical and Education Foundation, both of which operate minority-run English-medium schools. These institutions contested a government directive that excluded minority schools from the RTE quota. They argued for the right to admit students under the quota as a voluntary measure and sought reimbursement for previous admissions made under this scheme.
The Court upheld the constitutional protections for minority institutions, referencing the Supreme Court's decision in the Pramati Educational and Cultural Trust case. This precedent ruled that applying the RTE Act to minority institutions violates Article 30(1) of the Constitution, which protects the right of minorities to establish and manage their educational institutions.
In its judgment, the Court dismissed the schools' arguments and claims against the validity of the RTE Act and its rules. However, it directed the government to review and reimburse Izak English Medium School for RTE admissions from 2017-18 to 2019-20 within six weeks. The decision underscores the Court's commitment to upholding constitutional rights while addressing the financial concerns of minority institutions.
