Matter has been referred to the Chief Justice of India to decide for reconsideration of Supreme Court’s constitution bench judgement in Pramati Educational & Cultural Trust Case 2014.

• Judgement in Pramati Educational & Cultural Trust Case held that RTE Act cannot be applied to minority educational institutions, whether aided or unaided, as it infringes upon their Article 30(1) rights. 
  • Article 30(1) protects linguistic and religious minorities by giving them the right to establish and administer their own educational institutions.

Observations of Court

• Implementation of RTE Act does not erode the minority character protected under Article 30(1) of the Indian Constitution and Article 21A and Article 30(1) can and must co-exist mutually.
  • Article 21A guarantees free and compulsory elementary education for all children between the ages of 6 and 14 years.
• 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. 
  • Court stated that RTE act does not mandate that 25% reservation to disadvantaged children must be applied to different religious or linguistic community but can be provided to children from minority community itself.