Unaided minority schools do not come under the purview of RTE Act

Updated on: Friday, June 29, 2012

Citing a Supreme Court ruling, the Madras High Court has held that the Right of Children to Free and Compulsory Education Act 2009 was not applicable to unaided minority schools.

The constitutional validity of the Act had been challenged in the apex court which had held that sec 12(1)(c) and 18(3) infringed upon the fundamental freedom guaranteed to unaided minority schools under Article 30(1) of the Constitution and the act would not apply to such schools, Justice K Chandru said.

The judge was dismissing a petition by S Gnanavel, who sought a direction to a school in Neyveli to admit his daughter to lower kindergarten.

The judge said in the light of the 'factual and legal' position, the claim of the petitioner invoking the provision of the 2009 Act need not be gone into and added that the petitioner had not made out any case to interfere with the order by the school declining admission.

The School contended that since it was a religious minority institution it was protected under Article 30(1) and hence the provisions of the 2009 Act would not apply to it.

Unaided minority schools do not come under the purview of RTE Act

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