Society for Unaided Private Schools of Rajasthan v Union of India and Another [ Writ Petition (C) No. 95 of 2010; Cited as: (2012) 6 SCC ]

Country India
Category Right to Education
Date of Judgment 12-04-2012
Link / Attachment https://indiankanoon.org/doc/121903349/
  • Description

    In 2009 Indian the Parliament enacted Right to Children to free and Compulsory Education Act (RTE Act) in accordance to Article 21 of the constitution requiring the government to  provide free and compulsory education to all children aged 6-14 years.  Section 12 – RTE Act requires all aided and unaided schools reserve 25% of   their  admissions for students from economically weaker and socially disadvantaged groups.

    The Society for Unaided Private Schools – an association of privately run schools – challenged the constitutionality of section 12 of the RTE Act on the basis that imposing regulatory requirements on private schools violated the right to practice any profession or occupation free from government interference under Article 19 of the Constitution, and the right of minority groups to establish and administer schools under Article 30 of the Constitution.

    Source:

    Right to Education Case Summary Law
    http://www.right-to-education.org/sites/right-to-education.org/files/resource-attachments/India%20Supreme%20Court,%20Society%20for%20Unaided%20Private%20Schools%20v%20India,%202012.pdf

  • Judgment

    Supreme Court of India upheld the constitutionality of Section 12 of the Right to Children to free and compulsory education Act (RTE Act), which requires all schools, both state-funded and private to accept 25% intake of children from  disadvantaged groups. The Court held that RTE Act could not require private, minority schools to satisfy 25% quota, since this would constitute to violation of the minority groups to establish private schools under the Indian Constitution

    Issues of the case was the constitutionality of the RTE Act – firstly whether requiring private schools to satisfy mandatory quotas violated Article 19 of the Constitution, which guarantees the right to practice any profession or occupation and secondly requiring minority private schools to satisfy quotas violates Article 30 of the Constitution, which protects the right of minority groups to establish and administer private schools.

    Court upheld the constitutionality of the mandatory quota as it applies to private and state-run schools and  the Court decided that the government may constitutionally require private schools to reserve 25% of its admission places for students from disadvantaged backgrounds. The Court reasoned that the RTE Act is “child centric and not institution centric”, meaning that the provision of education to all children is a priority, irrespective of the fact that it might burden private schools. The court reiterated the importance of Article 21-A, and found that the burden on private schools to satisfy the quota was irrelevant in light of the importance of the right to education.

    Source:

    Right to Education Case Summary Law
    http://www.right-to-education.org/sites/right-to-education.org/files/resource-attachments/India%20Supreme%20Court,%20Society%20for%20Unaided%20Private%20Schools%20v%20India,%202012.pdf