SC issued notices to centre, UP government over exemptions for minority institutions. (File)
The debate over whether minority institutions should be excluded entirely form the provisions of the Right to Education Act reached the Supreme Court today, which issued a notice to both the centre and the Uttar Pradesh government in the matter.
A bench of Justices Dipak Mishra and UU Lalit were hearing a plea filed by the Independent Schools Federation of India which sought a relook on the exemptions provided to -- both unaided and aided - minority institutions.
Such institutions are not only excluded from provisions of the Right to Education but also other legal provisions like reservations for students from weaker sections.
The court had earlier sought a response from the centre and the Uttar Pradesh government without issuing notices to them on whether minority institutions needed any recognition as mandated under the Right to Education Act after they were excluded from its purview.
Earlier in May 2014, a five-judge bench had upheld the validity of the Right to Education Act 2009 and said it was not applicable to minority schools.
Advocate Ravi Prakash Gupta, appearing for the petitioner, argued that such institutions should not be allowed to continue enjoying exemptions under law. Right now minority institutions can be established without a certificate of recognition from the authorities, and don't need to adhere to norms and standards for schools.
Mr Gupta also argued that there were over 3000 minority institutions across India which claimed to function as schools but had zero enrollments.