SC upholds 93rd amendment to the Constitution which provides for Right to Education as a Fundamental Right [Read the Judgment]
10 years, 10 months ago

SC upholds 93rd amendment to the Constitution which provides for Right to Education as a Fundamental Right [Read the Judgment]

Live Law  

A five- judge Constitutional bench today upheld the Constitutional validity of the 93rd amendment to the Constitution of India and RTE Act to the extent that it makes a provision for unaided educational institutions to provide education to economically and socially weaker sections, through 25 % reservation in their educational institutions. These institutions challenged the Constitutional validity of Article 15 of the Constitution and the Right of Children to Free and Compulsory Education Act, 2009. The Bench found that Right to Education Act enacted pursuant to Article 21 A of the Constitution to provide for admission of children in unaided private educational institutions does not in any manner change or destroy the identity or abrogate the fundamental right of unaided non minorities under Article 19. RTE Act imposed a condition that privately managed unaided educational institutions to admit at least 25% students from weaker sections and provide them with free education.

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History of this topic

Reserve 25% Seats For Weaker Section In Class-I To Ensure Free Elementary Education Under RTE Act: P&H HC Tells Punjab's Private Schools
1 month ago

Reserve 25% Seats For Weaker Section In Class-I To Ensure Free Elementary Education Under RTE Act: P&H HC Tells Punjab's Private Schools

Live Law  

The Punjab & Haryana High Court today directed the Private unaided schools in Punjab covered under the Right To Education Act, 2009 to reserve 25% seats for weaker section of the society and asked the functionary of the Punjab Government to ensure compliance for admissions for 2025-2026.Chief Justice Sheel Nagu and Justice Harmeet Singh Grewal said, "As an interim measure. …

Reserve 25% Seats For Weaker Section In Class-I To Ensure Free Elementary Education Under RTE Act: P&H HC Tells Punjab's Private Schools
1 month ago

Reserve 25% Seats For Weaker Section In Class-I To Ensure Free Elementary Education Under RTE Act: P&H HC Tells Punjab's Private Schools

Live Law  

The Punjab & Haryana High Court today directed the Private unaided schools in Punjab covered under the Right To Education Act, 2009 to reserve 25% seats for weaker section of the society and asked the functionary of the Punjab Government to ensure compliance for admissions for 2025-2026.Chief Justice Sheel Nagu and Justice Harmeet Singh Grewal said, "As an interim measure. …

RTE Act amendments against the spirit of the Act, says Kerala education minister
1 month, 1 week ago

RTE Act amendments against the spirit of the Act, says Kerala education minister

The Hindu  

The amendments to the Right to Education Act 2009 brought about by the Union government, scrapping the no detention policy, goes against the spirit of the Act, General Education Minister V. Sivankutty told the Assembly on Wednesday. As per the Right of Children to Free and Compulsory Education Rules, 2024) issued as a gazette notification in December 2024, annual public …

SC stays Karnataka Board Exam results for classes 5,8,9 and 11; state playing with future of students, says apex court
11 months, 2 weeks ago

SC stays Karnataka Board Exam results for classes 5,8,9 and 11; state playing with future of students, says apex court

Hindustan Times  

The Supreme Court on Monday stayed the Karnataka High Court order permitting the state government to go ahead with Board Examinations for classes 5,8, 9, and 11. Supreme Court has stayed the Karnataka High Court order permitting the state government to go ahead with Board Examinations for classes 5,8, 9, and 11. {{^userSubscribed}} {{/userSubscribed}} {{^userSubscribed}} {{/userSubscribed}} "The operation of the …

Petitioner-school associations opposing board exams for classes 5, 8, 9 and 11 due to ‘vested interests’, govt. claims before Karnataka High Court
1 year ago

Petitioner-school associations opposing board exams for classes 5, 8, 9 and 11 due to ‘vested interests’, govt. claims before Karnataka High Court

The Hindu  

The State government on Wednesday claimed before the High Court of Karnataka that litigating associations of certain private unaided schools are opposing the board exams for classes 5, 8, 9, and 11 owing to “vested interests” as many of their member-schools don’t teach lessons from the State government-prescribed textbooks. However, the Division Bench on March 7 stayed the single judge’s …

'Can state insist on seat-sharing in unaided minority instis': HC judge seeks full bench hearing
1 year, 3 months ago

'Can state insist on seat-sharing in unaided minority instis': HC judge seeks full bench hearing

New Indian Express  

MADURAI: A single judge of the Madurai Bench of the Madras High Court has sought a Full Bench hearing to decide whether the state government has the power to insist on a fixed quota of seat-sharing between the management and the state in unaided minority educational institutions offering professional courses. Justice N Anand Venkatesh observed that the government order passed …

RTE clause on free education to poor children implemented in a transparent way: official
1 year, 9 months ago

RTE clause on free education to poor children implemented in a transparent way: official

The Hindu  

The School Education Department has completed the admission process for free education of children from marginalised communities under Section 12 of the Right to Education Act that mandates private unaided schools to set aside 25% of the seats for them at the entry-level, for the academic year 2023-24. A statement released by Commissioner, School Education, S. Suresh Kumar said in …

Madrasas violate student rights, children’s body tells Allahabad HC
1 year, 10 months ago

Madrasas violate student rights, children’s body tells Allahabad HC

The Hindu  

In an intervention application before the Allahabad High Court, in a matter pertaining to religious education imparted in institutions at the government’s expense, the National Commission for Protection of Child Rights has submitted that the education given to children in madrasas is not adequate or comprehensive. The court, while hearing a petition filed by Azaj Ahmad who teaches in a …

RTE Act : Supreme Court Issues Notice On PIL To Enforce 25% Reservation In Private Schools For Disadvantaged Students
2 years, 1 month ago

RTE Act : Supreme Court Issues Notice On PIL To Enforce 25% Reservation In Private Schools For Disadvantaged Students

Live Law  

The Supreme Court on Monday issued notice on a petition seeking the enforcement of Clause of Sub-section of Section 12 of the Right of Children to Free and Compulsory Education Act, 2009, that requires non-minority private unaided schools to reserve at least twenty-five per cent of their entry-level seats for children belonging to disadvantaged sections of society. Not only have …

Review Every Year Reimbursement of Fees Under RTE to Private Schools: HC
2 years, 6 months ago

Review Every Year Reimbursement of Fees Under RTE to Private Schools: HC

News 18  

In a major relief to the private schools, the Allahabad High Court on Tuesday directed the state government to review every year the reimbursement of fees to be payable to them for imparting free education to children under the Right to Education Act. It provided that the private schools imparting free education would be entitled to such reimbursement “‘as is …

Supreme Court rejects PIL seeking changes in Right to Education Act (RTE)
3 years, 1 month ago

Supreme Court rejects PIL seeking changes in Right to Education Act (RTE)

India Today  

The Supreme Court on Friday rejected a PIL which was seeking changes in the Right to Education Act 2009. The PIL proposed a common syllabus and curriculum for students across the country and said that the RTE was “arbitrary and irrational". Excerpts from the PIL As per PTI, the PIL filed in Supreme Court stated: "Right of a child should …

Class 10 students file petition against school in SC
3 years, 2 months ago

Class 10 students file petition against school in SC

India Today  

The Supreme Court on Monday heard a plea filed by 24 students from Class 10 against a private school, St Xavier International School, Bhubaneswar, Odisha for demanding money and forcing them to take admission to the school to get better marks. Accordingly, issue notice returnable on February 14.,” ordered the bench, which also comprised Justices Dinesh Maheshwari and C T …

Right To Education: Rajasthan HC Grants Interim Relief Against State's Decision To Not Reserve 25% Seats For Weaker Section In Pre-School Admissions
3 years, 5 months ago

Right To Education: Rajasthan HC Grants Interim Relief Against State's Decision To Not Reserve 25% Seats For Weaker Section In Pre-School Admissions

Live Law  

The Jaipur Bench of the Rajasthan High Court on Saturday granted interim relief against the State's decision to not reserve 25% seats for admission of students from the weaker sections in pre-schools.Justice Manindra Mohan Srivastava observed that the State cannot come in the way of performance of statutory obligation by the schools provided under the Right of Children to Free …

Private Unaided Education Institutions Discharge Public Duty Of Imparting Education; Amenable To Writ Jurisdiction: Calcutta High Court
3 years, 9 months ago

Private Unaided Education Institutions Discharge Public Duty Of Imparting Education; Amenable To Writ Jurisdiction: Calcutta High Court

Live Law  

The Calcutta High Court has held that private unaided educational institutions discharge public function under the Right to Education Act and are therefore amenable to the Court's writ jurisdiction under Article 226 of the Constitution. The Court's attention was also drawn to a Full Bench decision rendered by the Allahabad High Court in Roychan Abraham v. State of UP, AIR …

HC seeks reply on plea for contempt for not extending RTE beyond 14 years age
4 years ago

HC seeks reply on plea for contempt for not extending RTE beyond 14 years age

Hindustan Times  

The Delhi High Court on Wednesday sought response of Ministry of Education on a plea seeking contempt action against the authorities for not taking decision on extension of free education under the Right To Education Act to children of EWS even after attaining 14 years of age in the same school. The court issued notice to Secretary of Ministry of …

Plea In SC Seeks Identification of Minorities At 'State Level'; Challenges S. 2(f) Of National Commission for Minority Education Institution Act [Read Petition]
4 years, 7 months ago

Plea In SC Seeks Identification of Minorities At 'State Level'; Challenges S. 2(f) Of National Commission for Minority Education Institution Act [Read Petition]

Live Law  

BJP leader Ashwini Kumar Upadhyay has moved the Supreme Court seeking a direction upon the Central Government to lay down guidelines for identification of minorities "at State level", in spirit of its verdict in the TMA Pai case. Muslims, Christians, Sikhs, Buddhists and Parsee, as minorities "at national level", thus giving them the right to establish & administer minority educational …

Minority Educational Institutions : SC Issues Notice To WB Govt On Plea To Refer 2-Judge Bench Decision To Larger Bench
5 years, 1 month ago

Minority Educational Institutions : SC Issues Notice To WB Govt On Plea To Refer 2-Judge Bench Decision To Larger Bench

Live Law  

The Supreme Court on Friday issued notice on a petition filed by Contai Madrasah Committee challenging the January 6 Judgment of a 2-judge bench of SC which upheld the West Bengal Madrasah Service Commission Act 2008 on the ground that minority educational institutions have no absolute right to appoint teachers.A bench headed by CJI issued notice to the West Bengal …

Fundamental Right Of Minorities To Administer Educational Institutions Cannot Be Waived: SC [Read Judgment]
5 years, 5 months ago

Fundamental Right Of Minorities To Administer Educational Institutions Cannot Be Waived: SC [Read Judgment]

Live Law  

The Supreme Court has reiterated that the fundamental right of Minorities under Article 30 of the Constitution of India to administer educational institutions cannot be waived.The issue in this case was whether Khalsa Girls High School is a minority institution, if so, whether the Institution's right to select and appoint teachers is in any. The issue in this case was …

Supreme Court issues notice to Karnataka on school admission rule change
5 years, 7 months ago

Supreme Court issues notice to Karnataka on school admission rule change

India Today  

The Supreme Court on Monday agreed to look into the legality of the Karnataka government rule, which exempted unaided and private schools from admitting 25 percent students from the socially and economically disadvantaged groups to class one. The petition said the effect of the amendment was "where a government or aided school existed in a particular neighbourhood, private, un-aided schools …

RTE : SC Issues Notice On Plea Against Karnataka HC Decision Restricting Admission To Private Schools [Read Petition]
5 years, 7 months ago

RTE : SC Issues Notice On Plea Against Karnataka HC Decision Restricting Admission To Private Schools [Read Petition]

Live Law  

The Supreme Court on Monday issued notice on a petition challenging the May 31 judgment of the High Court of Karnataka which held that a student has no right to admission to a private school under the Right To Education Act if a government or aided school is available in the neighborhood.The High Court decision came in a petition filed …

Starting at three: On RTE progress
5 years, 9 months ago

Starting at three: On RTE progress

The Hindu  

India’s far-sighted Right to Education Act is making slow progress in mainstreaming equity, in the absence of a strong political commitment in several States. The move suggested in the draft National Education Policy to put children three years and older in a stimulating nursery environment is a welcome logical measure. Unfortunately, the evidence indicates that only 12.7% schools comply with …

RTE- Students Have No Right Of Admission To Pvt Schools As Long As Govt. Schools Are Available In Neighborhood: Karnataka HC [Read Judgment]
5 years, 9 months ago

RTE- Students Have No Right Of Admission To Pvt Schools As Long As Govt. Schools Are Available In Neighborhood: Karnataka HC [Read Judgment]

Live Law  

Karnataka High Court in Education Rights Trust v. State of Karnataka & Another upheld the constitutionality of amendment of Rule 4 of Karnataka Right of Children to Free & Compulsory Education Rules, 2012, holding that "Education under Article 21A of the Constitution is a fundamental right but petitioners/students have no right of admission to private schools, as long as the. …

Extending RTE Act till Class 12: HC asks Centre to prioritise case as career of EWS students on the line
5 years, 9 months ago

Extending RTE Act till Class 12: HC asks Centre to prioritise case as career of EWS students on the line

India Today  

The Delhi High court on Monday asked the central government to file a status report on a plea seeking an extension of Right to Education Act up to class 12. A bench presided by Chief Justice Rajendra Menon was hearing a Public Interest Litigation filed by NGO Social Jurist through Advocate Ashok Agarwal seeking amendment in the RTE Act, 2009, …

NGO Challenges Amendment To Karnataka RTE Rules That Conditionally Waives Off 25% Quota Mandate For Private Unaided Schools [Read Petition]
6 years ago

NGO Challenges Amendment To Karnataka RTE Rules That Conditionally Waives Off 25% Quota Mandate For Private Unaided Schools [Read Petition]

Live Law  

The RTE Students & Parents Association, a non-profit organisation, has filed a PIL challenging an amendment to the Karnataka Right of Children to Free and Compulsory Education Rules, 2012, that removed the obligation of private unaided schools to admit 25% of their students from disadvantaged groups or weaker sections where there are government-run or aided schools within. The RTE Students …

HC dismisses school’s plea challenging RTE rule
6 years, 1 month ago

HC dismisses school’s plea challenging RTE rule

The Hindu  

The Madras High Court on Thursday dismissed a writ petition filed by DAV Boys Senior Secondary School at Gopalapuram in Chennai challenging a legal provision related to reimbursement of fee, in tranches, for 25% of local poor students, who should be mandatarily admitted every year under the Right of Children to Free and Compulsory Education Act of 2009. A Division …

Right Of Education Under RTE Act Is Not To Protect Teachers, But To Grant Education To Students: MP HC [Read Order]
6 years, 5 months ago

Right Of Education Under RTE Act Is Not To Protect Teachers, But To Grant Education To Students: MP HC [Read Order]

Live Law  

“However, engagement of such large number of Guest Teachers cannot be a rule and the State Government will be well advised to fill the posts of teachers in the schools in a phased manner in the years to come.”While considering plea of ‘guest teachers’, the Madhya Pradesh High Court has observed that right of education under the Right to Education …

Supreme Court seeks Gujarat govt reply on plea alleging RTE violation
7 years, 8 months ago

Supreme Court seeks Gujarat govt reply on plea alleging RTE violation

India TV News  

The Supreme Court today sought the Gujarat government's response on an allegation that it was suppressing or manipulating data regarding the number of Class one seats on its primary education website, affecting the enrolment of students from the weaker sections. A bench of Chief Justice J S Khehar and Justice D Y Chandrachud issued notices to the Gujarat government and …

Should Minority Institutions Be Excluded From RTE Ambit? SC Notice To Centre
8 years, 5 months ago

Should Minority Institutions Be Excluded From RTE Ambit? SC Notice To Centre

Live Law  

Should minority institutions-both aided and unaided-be excluded entirely from the ambit of Right to Education Act? The Supreme Court on Wednesday issued notice to Centre on a plea seeking a relook by a constitution bench on the issue.The notice came on a petition filed by Independent Schools Federation of India.A five-bench constitution bench headed by Justice R M Lodha had …

No TET required for teachers of minority institutions: Madras HC [Read Judgment]
8 years, 7 months ago

No TET required for teachers of minority institutions: Madras HC [Read Judgment]

Live Law  

The Madras High Court has ruled against the order of the governments of Tamil Nadu and Puducherry, which made it mandatory for aspirants to clear Teachers Eligibility Test before appointment will not be applicable to minority institutions, either aided or unaided.The writ appeals were filed by the two governments and over 300 writ petitions challenging the governments of the two. …

No TET required for teachers of minority institutions: Madras HC [Read Judgment]
8 years, 7 months ago

No TET required for teachers of minority institutions: Madras HC [Read Judgment]

Live Law  

The Madras High Court has ruled against the order of the governments of Tamil Nadu and Puducherry, which made it mandatory for aspirants to clear Teachers Eligibility Test before appointment will not be applicable to minority institutions, either aided or unaided.The writ appeals were filed by the two governments and over 300 writ petitions challenging the governments of the two. …

Supreme Court directs States, Union Territories to respond on plea alleging violation of Right to Education (RTE) Act
10 years, 11 months ago

Supreme Court directs States, Union Territories to respond on plea alleging violation of Right to Education (RTE) Act

Live Law  

A Constitution Bench of the Supreme Court headed by Chief Justice P Sathasivam and also comprising Justice Ranjan Gogoi and Justice MY Eqbal, issued notice to the Centre, all states and Union Territories directing it to reply on a petition filed by an organization National Coalition for Education which alleged that schools across the country violated Right to Education Act. …

SC to hear plea against HC verdict on nursery admissions
11 years, 8 months ago

SC to hear plea against HC verdict on nursery admissions

India TV News  

New Delhi, Jul 12: The Supreme Court today agreed to hear a plea challenging the Delhi High Court's order that the Right to Education Act is not applicable to nursery admissions in unaided private schools. A bench of justices H L Dattu and Dipak Misra issued notice to Delhi government seeking its response on an appeal filed by an NGO, …

No RTE for nursery admissions
12 years, 1 month ago

No RTE for nursery admissions

The Hindu  

In a landmark verdict, the Delhi High Court has held that the Right to Education Act and subsequent government notifications are not applicable for nursery admissions in unaided private schools. ‘Amend the Act’ It, however, asked the Centre to consider amending the Act to include nursery education as well, saying that the schools cannot be allowed to run as “teaching …

‘RTE Act violates right conferred on unaided minority schools'
12 years, 11 months ago

‘RTE Act violates right conferred on unaided minority schools'

The Hindu  

The Supreme Court on Thursday held that the Right to Education Act would not apply to unaided minority schools. Thus, the 2009 Act including Section 12 violates the right conferred on such unaided minority schools under Article 30.” While upholding the Act in respect of others, the Bench said: “The Act has been enacted keeping in mind the crucial role …

Equity in education
16 years, 10 months ago

Equity in education

The Hindu  

In a historic judgment in the Mandal II case, the Supreme Courts Constitution Bench paves the way for social justice in higher education. The petitioners had also challenged the validity of the Central Educational Institutions Act, 2006, which provides for reservation in admission to certain Central government-run educational institutions for students belonging to the S.C., S.T. The Supreme Courts two-Judge …

A landmark judgment
22 years ago

A landmark judgment

The Hindu  

The Supreme Court, in a recent judgment, dispels doubts about the definition of minorities and recognises the right of non-minorities to establish educational institutions, without impairing the fundamental rights of neither. Questions such as whether a State government or a university has the right to regulate the admissions of the students both in aided and unaided institutions; whether the statutory …

Interpreting minority rights
22 years, 2 months ago

Interpreting minority rights

The Hindu  

Minority Rights: Myth or Reality: A Critical Look at the 11-Judge Verdict with Full Text by M.P.Raju; Media House, Delhi, 2002; pages 336, Rs.195. The intention of the Constitution-makers would not have been to let Article 29 prevail over Article 30; that is, having allowed a minority community to establish an educational institution receiving aid out of state funds, its …

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