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Supreme Court Sends PIL on RTE Exemptions for Minority Schools to CJI for Possible Larger Bench

The Chief Justice will decide whether a larger bench should hear the challenge to minority carve‑outs under the RTE.

Overview

  • A bench of Justices Dipankar Datta and Augustine George Masih referred the petition to the Chief Justice, noting similar matters are already pending consideration.
  • The PIL seeks to make the Teacher Eligibility Test mandatory for all schools educating children aged 6–14, including minority-managed institutions.
  • The petition challenges Sections 1(4) and 1(5) of the RTE Act as arbitrary and discriminatory for exempting certain minority and religious-instruction schools from core obligations.
  • Filed after the September 1 Anjuman ruling that mandated TET for non-minority schools and questioned the 2014 Pramati precedent, the plea urges uniform teacher qualification standards.
  • Law student Nitin Upadhyay filed W.P.(C) No. 934/2025 through Advocate-on-Record Ashwani Kumar Dubey, citing a 2021 NCPCR study and arguing that exclusions undermine Article 21A’s promise of equal quality education.